City of Pleasantville, NJ Article IV Administrative Bodies and Related Agencies

§ 300-11 Planning Board established; composition.

A. There is herewith established, pursuant to N.J.S.A. 40:55D-23, a Planning Board for the City of Pleasantville. Such Planning Board shall consist of nine regular members, which shall consist of and be divided into the following four classes:

(1) Class I: the Mayor of the City of Pleasantville or, in the absence of the Mayor, a designee who shall be appointed by the Mayor.

(2) Class II: one official of the City of Pleasantville, other than a member of the City Council, who shall be appointed by the Mayor. If the City adopts 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 in the event that there be among the Class IV or alternate members of the Planning Board both a member of the Zoning Board of Adjustment and a member of the Board of Education.

(3) Class III: one member of the governing body, who shall be appointed by the members of the governing body.

(4) Class IV: six other citizens of the City of Pleasantville, who shall be appointed by the Mayor. Class IV members shall hold no other City office, position or employment, except that one member may be a member of the Zoning Board of Adjustment and one may be a member of the Board of Education. If the City adopts 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, unless there be among the Class IV or alternate 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 common to the Planning Board and Environmental Commission shall be deemed a Class II member of the Planning Board. For the purpose of this section, membership on a municipal board or commission whose function is advisory in nature, and the establishment of which is discretionary and not required by statute, shall not be considered the holding of municipal office.

B. Alternate members. There shall be appointed to the Planning Board not more than two alternate members. Such alternates members shall meet the qualifications of Class IV members and shall be designated by the Mayor at time of appointment as "Alternate No. 1" and "Alternate No. 2." Alternate members may participate in all matters but may not vote except in the absence or disqualification of a regular member of any class. Participation of alternate members shall not be deemed to increase the size of the Planning Board established by ordinance of the governing body pursuant to N.J.S.A. 40:55D-23. 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.

C. Temporary members. If the Planning Board lacks a quorum because any of its regular or alternate members is prohibited by N.J.S.A. 40:55D-23 or 40:55D-23.1 from acting on a matter due to the member's personal or financial interests therein, regular members of the Zoning Board of Adjustment shall be called upon to serve, for that matter only, as temporary members of the Planning Board in order of seniority of continuous service to the Zoning Board of Adjustment until there are in attendance the minimum number of Planning Board members necessary to constitute a quorum to act upon the matter without any personal or financial interest therein, whether direct or indirect. If a choice has to be made between regular members of equal seniority, the Chair of the Zoning Board of Adjustment shall make the choice.

D. All members of the Planning Board except for the Class II members set forth below shall be, at the time of appointment and throughout their term as a member of the Planning Board, residents of the City of Pleasantville.

E. Educational requirements.

(1) No person shall be seated as a member or alternate member of the Planning Board who has not agreed to take the basic course in land use law and planning required to be offered by the New Jersey Department of Community Affairs pursuant to N.J.S.A. 40:55D-23.3a.

(2) No person shall retain a seat as a member or alternate member of the Planning Board who has not successfully completed such course within 18 months of assuming Board membership.

(3) Exceptions to the foregoing are:

(a) Class I and Class III Board members;

(b) Any person who is licensed as a professional planner and maintains such license in good standing as of the date upon which that person would otherwise be required to demonstrate compliance with the provisions of N.J.S.A. 40:55D-23.3; and

(c) Any person who offers proof of having completed a more extensive course in land use law and planning than that required by N.J.S.A. 40:55D-23.3 within 12 months of the date upon which that person would otherwise be required to demonstrate compliance with N.J.S.A. 40:55D-23.3 and which, in the determination of the Commissioner of the New Jersey Department of Community Affairs, is equivalent to or more extensive than that course offered pursuant to N.J.S.A. 40:55D-23.3.

F. Terms of office.

(1) Class I: term shall correspond to the official tenure of the Mayor. The Mayor's designee shall serve at the pleasure of the Mayor, but in no case longer than the Mayor's official tenure in office.

(2) Class II: term shall be for one year or for the remainder of the Class II member's term of office, whichever is shorter.

(3) Class III: term shall be for one year or for the remainder of the Class III member's term of office, whichever is shorter.

(4) Class IV: The term of each Class IV member shall be four years. Members of the Planning Board on the effective date of this chapter shall continue in office until the completion of their terms as provided by law immediately prior to the effective date of this chapter. New appointments or reappointments to the Planning Board shall be governed by the provisions of this chapter. The term of a Class IV member of the Planning Board who is also a member of the Zoning Board of Adjustment or the Board of Education shall terminate whenever such Class IV member is no longer a member of such other body, or at the completion of the Class IV term, whichever occurs first.

(5) Alternate members. Terms shall be for two years, except that the terms of the alternate members shall be such that the term of not more than one alternate member shall expire in any one year; provided, however, that in no instance shall the terms of the alternate members first appointed exceed two years. A vacancy occurring otherwise than by expiration of a term shall be filled by the Mayor for the unexpired term only.

G. Vacancy. Permanent vacancies on the Planning Board shall be filled by appointment, as provided above, for the unexpired term of the former member whose place has become vacant.

H. Removal.

(1) Any member of the Planning Board, other than the Mayor, may be removed by the City Council for cause, upon written charges being formally adopted. If the member being removed for cause so requests, a public hearing shall be granted. Cause for removal of a member shall include any undisclosed or unlawful conflict of interest; any violation of the codes, ordinances or rules applicable to the member's performance of his/her duties; any unwillingness or inability to carry out such duties in a prompt, conscientious and competent manner; any conduct tending to cast doubt upon the integrity or objectivity of the member in performing such duties; or any other specific conduct of the member found by the City Council to be detrimental to the proper functioning of the Board.

(2) The Planning Board may, if its adopted rules so permit, recommend to the governing body that one or more of its members be removed, provided that such recommendation include specific reasons for such recommendation.

I. Compensation. Members of the Planning Board shall serve without compensation but shall be entitled, to the extent that available funds are appropriated by the City Council in its budget therefor, to reimbursement for reasonable expenses necessarily incurred in the performance of their duties.

J. Conflicts of interest. No member or alternate member of the Planning Board shall be permitted to act on any matter in which such member has, either directly or indirectly, any personal or financial interest. Whenever any such member shall recuse himself/herself from acting on a particular matter by reason of such conflict of interest, such member shall not continue to sit with the Board on the hearing of such matter, nor shall such member participate in any discussions or proceedings related thereto. Nothing herein shall deny a Board member who has recused himself/herself from a particular matter the right to speak for or against, or otherwise comment on, such matter during the Board hearing related thereto, provided that any such comment is made during the public portion of the Board hearing on such matter and further provided that such recused member identifies for the record that such comments are personal and in no way reflect an official position as a member of the Board or the position of the Board.

K. Officers; solicitor; professional experts; staff.

(1) Chair and Vice Chair.

(a) The Planning Board shall annually elect a Chair and a Vice Chair from among its Class IV members. The Chair shall preside at all meetings and hearings and fulfill the customary functions of that office. In the absence of the Chair, the Vice Chair shall act as Chair and shall have all the powers of the Chair. The Vice Chair shall have such other powers and duties as may from time to time be provided by the rules of the Board. The presiding officer of the Board may administer oaths.

(b) An alternate member shall not serve as Chair or Vice Chair of the Planning Board.

(2) Solicitor.

(a) The Planning Board shall employ or contract for the services of legal counsel, to be known as the "Planning Board Solicitor," and shall fix the compensation of said Solicitor at such amount as the Board may deem reasonable.

(b) The Planning Board Solicitor shall be an attorney, other than the Municipal Attorney (City Solicitor) or an attorney on his/her staff, who is licensed to practice law in the State of New Jersey.

(c) The Planning Board Solicitor shall act as legal advisor to the Board, and he/she or his/her delegate shall attend all hearings of the Planning Board unless excused by the Chair; shall attend any meetings of the Board at which his/her presence is requested; shall review and give an opinion concerning the legal sufficiency of any provision, code, ordinance, rule or regulation, or amendments thereto, relating to land use development and regulation presently in force or proposed for adoption by any official, department, bureau, board, commission or agency of the City, and shall be available, on reasonable request, for consultation with the Planning Board concerning matters properly subject to its jurisdiction and authority. The Planning Board Solicitor or his/her delegate shall also provide advice and aid to the Zoning Officer in the enforcement of this chapter and shall, where directed by the Planning Board, initiate such legal actions as may be necessary to the proper enforcement of this chapter.

(3) Professional experts.

(a) The Planning Board shall employ or contract for the services of professional experts, including, but not limited to, a professional engineer and professional planner to be known as the "Planning Board Engineer" and "Planning Board Planner," respectively, and shall fix the compensation of such professionals at such amount as the Board may deem reasonable.

(b) The Planning Board Engineer shall be a professional engineer, and the Planning Board Planner shall be a professional planner. Both shall be licensed to practice their professions by the State of New Jersey.

(c) The Planning Board Engineer and Planner shall act as engineering and planning advisors to the Board, and they or their delegates shall attend all hearings of the Planning Board unless excused by the Chair; shall attend any meetings of the Board at which their presence is requested; shall review and provide opinions concerning the engineering and planning sufficiency of any provision, code, ordinance, rule or regulation, or amendments thereto, relating to land use development and regulation presently in force or proposed for adoption by any official, department, bureau, board, commission or agency of the City; and shall be available, on reasonable request, for consultation with the Planning Board concerning matters properly subject to its jurisdiction and authority. The Planning Board Engineer and Planner, or their delegates, shall also provide advice and aid to the Zoning Officer in the enforcement of this chapter.

(d) The Planning Board Engineer shall also perform such duties as may be required in accordance with N.J.S.A. 40:55D-1 et seq.

(4) Staff. The Planning Board shall select a Secretary, who may or may not be a member or alternate member of the Planning Board or a municipal employee, and create and fill such other offices as established by this chapter.

(5) Other. The Planning Board may also employ or contract for such experts, consultants and other staff and services as it may deem necessary and fix the compensation thereof at such amount as the Board may deem reasonable.

L. Quorum; voting.

(1) No action shall be taken at any Planning Board meeting or hearing without a quorum, consisting of five members, being present. The concurring votes of a majority of the members voting, but not less than three votes, shall be necessary to any action by the Planning Board.

(2) A member absent from any portion of a meeting or hearing, or, where a meeting or hearing is carried over to two or more sessions, from one or more of the sessions, shall be eligible to vote upon the matter heard, notwithstanding such absence, provided that such Board member shall first certify on the record that he/she has read a transcript or listened to a recording of the session or sessions or part thereof from which he/she was absent.

M. Meetings; hearings; procedures.

(1) The Planning Board shall fix the time and place for holding its regular meetings, provided that a meeting shall be scheduled not less than once each month and shall be held as scheduled unless canceled for lack of applications for development to process or other business to conduct. The Planning Board may provide for special meetings at the call of the Chair or at the request of any two of its members, which shall be held after notice to its members and the public in accordance with the provisions of the Open Public Meetings Act (N.J.S.A. 10:4-6 et seq.) and the rules of the Planning Board. All regular meetings and all special meetings of the Planning Board shall be open to the public; provided, however, that, in accordance with N.J.S.A. 40:55D-9, the Board may meet in executive session for the purpose of discussing and studying any matters to come before it, and these sessions shall not be deemed a regular or special meeting. All testimony at any meeting of the Planning Board shall be giver under oath.

(2) All hearings of the Planning Board shall be set, noticed and conducted in accordance with the provisions of to §§ 300-26 through 300-30; provided, however, that the Planning Board may waive the notice and public hearing in accordance with N.J.S.A. 40:55D-47 for an application for development if the Planning Board, or Minor Subdivision Committee thereof, if appointed by the Chair, finds that the application for development is a minor subdivision as defined in § 300-10.

(3) The Planning Board shall adopt its own rules for the conduct of its business, meetings and hearings not inconsistent with this chapter and the statutes of the State of New Jersey. Such rules shall be filed with the Board Secretary, and copies thereof shall be available to any person upon request and the payment of a fee in accordance with § 300-9. Any rule so adopted which relates solely to the conduct of the Board's meetings or hearings and which is not mandated by this chapter or the statutes of the State of New Jersey may be waived by the Board upon good cause being shown.

N. Minutes; transcripts; records; decisions.

(1) Minutes of every regular or special meeting and of every hearing shall be kept and shall include the names of the persons appearing and addressing the Planning Board and of the persons appearing by attorney, the action taken by the Planning Board, the findings, if any, made by it and reasons therefor.

(2) A verbatim recording of the proceedings of every hearing, by either stenographic, mechanical or electronic means, shall be kept.

(3) All minutes, verbatim recordings, applications, requests, exhibits and papers filed in any proceeding before the Planning Board, and the decision and report or reports of the Board, shall constitute the record of any matter brought before the Board. The records of the Board's activity shall be made available for public inspection during normal business hours at the office of the Board Secretary. Any interested party shall have the right to compel production of such records for use and evidence in any legal proceedings concerning the subject matter of such records. Such interested party shall be charged a fee for reproduction of such records in accordance with § 300-9.

(4) Every decision of the Planning Board for an amendment of this chapter, site plan/subdivision plat approval or a variance pursuant to this chapter shall be by written resolution, which shall include findings of fact, shall refer to the evidence in the record and to the exhibits, plans or specifications upon which such decision is based, shall specify the reason or reasons for such decision and shall contain a conclusion or statement separate from the findings of fact which shall set forth the recommendation of the Board or shall grant approval, grant conditional approval subject to expressly stated modifications or deny approval. Every resolution shall expressly set forth any limitations or conditions imposed on or recommended with respect to any approval granted or recommended or any development, work or use authorized or recommended.

(5) In reaching its decision on any such application, the Planning Board may rely on the personal knowledge of its members, on its inspections of the property and on any reports available to it; provided, however, that reliance on such matter shall not be allowed unless the Board shall have made the particular knowledge, inspection or report a matter of record at the public hearing and afforded every party reasonable time to respond to it or, in any case where no public hearing before the Planning Board is required, shall have expressly noted such knowledge, inspection or report in its recommendation to the body charged with conducting a hearing or taking final action on the application.

(6) The Planning Board shall take no final or binding vote on any decision pertaining to any application unless it shall first have before it the written resolution herein required; provided, however, that where special circumstances so warrant, the Planning Board may take final action on any such application prior to the preparation of such resolution, but in such event it shall, before taking such action, first state its findings and conclusions as above required at a meeting open to the public and shall, in addition, state the special circumstances warranting such action.

(7) In any case where this chapter, or where N.J.S.A. 40:55D-1 et seq., provides that the failure of the Planning Board to act within a fixed period shall be deemed a grant or denial of a recommendation upon an application, such failure shall, notwithstanding the absence of required findings and conclusions, be considered to be a decision or recommendation of the Board rendered on the day following the expiration of such fixed period.

(8) Within 10 days following any decision on such application, the Planning Board Secretary shall mail notice thereof to each person entitled to notice pursuant to § 300-29. A brief notice of the decision of the Board shall be placed in a newspaper having general circulation.

(9) As to other matters brought before the Planning Board, the Board shall prepare such reports and make such communications as it shall deem appropriate to the subject matter.

O. Powers and duties. The Planning Board shall be empowered to exercise all duties and responsibilities conferred to it by N.J.S.A. 40:55D-1 et seq., N.J.S.A. 40A:12A-1 et seq., and this chapter, specifically, but without limitation:

(1) Prepare, adopt, reexamine and amend the municipal Master Plan and its constituent elements in accordance with N.J.S.A. 40:55D-28 and 40:55D-89.

(2) Develop and make recommendations to the City Council concerning the Official Map or amendments thereto in accordance with N.J.S.A. 40:55D-32.

(3) Develop and make recommendations to the City Council concerning the Zoning Map or amendments thereto in accordance with N.J.S.A. 40:55D-62.

(4) If authorized by the governing body, develop and make recommendations to City Council concerning a capital improvement program and amendments thereto in accordance with N.J.S.A. 40:55D-29.

(5) Review and make recommendations to the City Council concerning this chapter and amendments thereto, including those related to development regulations in accordance with N.J.S.A. 40:55D-26a and other matters referred to the Planning Board by City Council in accordance with N.J.S.A. 40:55D-26b.

(6) Administer the provisions of this chapter in accordance with N.J.S.A. 40:55D-1 et seq.

(7) Review and approve or disapprove site plans and subdivision plats in accordance with N.J.S.A. 40:55D-46, 40:55D-47, 40:55D-48 and 40:55D-50, and, at its discretion, waive notice and public hearing for all applications for development for minor subdivisions, as defined in this chapter, in accordance with N.J.S.A. 40:55D-47. Regardless of whether or not such minor subdivision approval is issued by way of noticed public hearing or waiver of such noticed public hearing, such approval shall be deemed to be the final approval of the minor subdivision by the Board, provided that the Board may condition such approval on terms ensuring the provision of improvements as provided for in this chapter.

(8) Form from among its members, at its discretion, and in accordance with N.J.S.A. 40:55D-47, a Minor Subdivision Review Committee, whose powers and duties shall be limited to review and approval or disapproval of minor subdivision plats as defined in this chapter. Such Committee may, if so empowered by the Board, waive notice and public hearing for all such applications, in accordance with N.J.S.A. 40:55D-47. Regardless of whether or not such minor subdivision approval is issued by way of noticed public hearing or waiver of such noticed public hearing, such approval shall be deemed to be the final approval of the Minor Subdivision Committee, provided that the Committee may condition such approval on terms ensuring the provision of improvements as provided for in this chapter.

(9) Review requests for, grant or deny variances in conjunction with the review of applications for approval of subdivision plats, site plans in accordance with N.J.S.A. 40:55D-70c.

(10) Appoint legal counsel, professional experts and other staff.

(11) Assemble data on a continuing basis as a part of a continuous planning process.

(12) Subject to the right of the applicant to receive a decision within the time periods specified by this chapter, make referrals in addition to those expressly required by this chapter to persons or agencies for their recommendations.

(13) Aid and assist City Council and the departments and agencies of the City in implementing general plans and in planning, developing and completing specific projects.

(14) Review and report on any matter referred to it by City Council or the Zoning Board of Adjustment.

(15) Perform such other advisory duties as are assigned to it by ordinance or resolution of City Council for the aid and assistance of City Council or other agencies or officers.

(16) Upon reasonable, written request, make its special knowledge and expertise available to any official, department, bureau, board, commission or agency of the City, county, state or federal governments to aid them in the performance of their respective duties relating to the planning and development of the City and its region, and to participate in the preparation and review of programs or plans required by state or federal law or regulation.

(17) In furtherance of the above jurisdiction and authority, make such investigations, maps and reports and recommendations in connection therewith relating to the planning and development of the City of Pleasantville as may be necessary, appropriate and desirable; provided, however, that the expenditures of the Board shall not exceed the amounts appropriated therefor.

(18) Issue subpoenas, administer oaths and take testimony in the exercise of its duties (wherein the provisions of N.J.S.A. 2A:67A-1 et seq., shall govern).

(19) Conduct, when authorized by the governing body, a preliminary investigation and hearing and make a recommendation pursuant to N.J.S.A. 40A:12A-6b as to whether an area is in need of redevelopment.

(20) Make recommendations concerning a redevelopment plan pursuant to N.J.S.A. 40A:12A-7e or prepare a redevelopment plan pursuant to N.J.S.A. 40A:12A-7f.

(21) Make recommendations concerning the determination of an area in need of rehabilitation pursuant to N.J.S.A. 40A:12A-14.

P. Appeals. Any interested person may appeal any final decision of the Planning Board to the court of proper jurisdiction; to the Board of Public Utility Commissioners in the cases specified in and pursuant to the provisions of N.J.S.A. 40:55D-19; and, to the extent and in the manner authorized by New Jersey law, to any court of competent jurisdiction.

§ 300-12 Zoning Board of Adjustment established; composition.

A. There is herewith established, pursuant to N.J.S.A. 40:55D-69, a Zoning Board of Adjustment for the City of Pleasantville ("Zoning Board" or "Board of Adjustment"). Such Zoning Board shall consist of seven regular members, which all shall be appointed by the governing body.

B. Alternate members. There shall be appointed to the Zoning Board by the governing body not more than two alternate members, who shall be designated by the Chair of the Board as "Alternate No. 1" and "Alternate No. 2." Alternate members may participate in all matters but may not vote except in the absence or disqualification of a regular member. Participation of alternate members shall not be deemed to increase the size of the Zoning Board established by ordinance of the governing body pursuant to N.J.S.A. 40:55D-69. A vote shall not be delayed in order that a regular member may vote instead of an alternate member. Alternate members shall serve in rotation in the event that a choice must be made as to which alternate member is to vote.

C. Temporary members. If the Board of Adjustment lacks a quorum because any of its regular or alternate members is prohibited by N.J.S.A. 40:55D-69 from acting on a matter due to the member's personal or financial interests therein, Class IV members of the Planning Board shall be called upon to serve, for that matter only, as temporary members of the Zoning Board in order of seniority of continuous service to the Planning Board until there are in attendance the minimum number of Zoning Board members necessary to constitute a quorum to act upon the matter without any personal or financial interest therein, whether direct or indirect. If a choice has to be made between Class IV members of equal seniority, the Chair of the Planning Board shall make the choice.

D. All members of the Zoning Board shall be, at the time of appointment and throughout their term as a member of the Zoning Board, residents of the City of Pleasantville. No member of the Zoning Board may hold any elective office or position in the City.

E. Educational requirements.

(1) No person shall be seated as a member or alternate member of the Board of Adjustment who has not agreed to take the basic course in land use law and planning required to be offered by the New Jersey Department of Community Affairs pursuant to N.J.S.A. 40:55D-23.3a.

(2) No person shall retain a seat as a member or alternate member of the Board of Adjustment who has not successfully completed such course within 18 months of assuming Board membership.

(3) Exceptions to the foregoing are:

(a) Any person who is licensed as a professional planner and maintains such license in good standing as of the date upon which that person would otherwise be required to demonstrate compliance with the provisions of N.J.S.A. 40:55D-23.3; and

(b) Any person who offers proof of having completed a more extensive course in land use law and planning than that required by N.J.S.A. 40:55D-23.3 within 12 months of the date upon which that person would otherwise be required to demonstrate compliance with N.J.S.A. 40:55D-23.3 and which, in the determination of the Commissioner of the New Jersey Department of Community Affairs, is equivalent to or more extensive than that course offered pursuant to N.J.S.A. 40:55D-23.3.

F. Terms of office.

(1) The term of each member shall be four years. Members of the Board of Adjustment on the effective date of this chapter shall continue in office until the completion of their terms as provided by law immediately prior to the effective date of this chapter. Any new appointments or reappointments to the Board of Adjustment shall be governed by the provisions of this chapter.

(2) Alternate members. 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 one alternate member shall expire in any one year; provided, however, that in no instance shall the terms of the alternate members first appointed exceed two years. A vacancy occurring otherwise than by expiration of term shall be fixed by the appointing authority for the unexpired term only.

G. Vacancy. Permanent vacancies on the Zoning Board shall be filled by appointment, as provided above, for the unexpired term of the former member whose place has become vacant.

H. Removal.

(1) Any member of the Board of Adjustment may be removed by the City Council for cause. If the member being removed for cause so requests, a public hearing shall be granted. Cause for removal of a member shall include any undisclosed or unlawful conflict of interest; any violation of the codes, ordinances or rules applicable to the member's performance of his/her duties; any unwillingness or inability to carry out such duties in a prompt, conscientious and competent manner; any conduct tending to cast doubt upon the integrity or objectivity of the member in performing such duties; or any other specific conduct of the member found by the City Council to be detrimental to the proper functioning of the Board.

(2) The Zoning Board of Adjustment may, if its adopted rules so permit, recommend to the governing body that one or more of its members be removed, provided that such recommendation include specific reasons for such recommendation.

I. Compensation. Members of the Board of Adjustment shall serve without compensation but shall be entitled, to the extent that available funds are appropriated by the City Council in its budget therefor, to reimbursement for reasonable expenses necessarily incurred in the performance of their duties.

J. Conflicts of interest. No member or alternate member of the Zoning Board shall be permitted to act on any matter in which he/she has, either directly or indirectly, any personal or financial interest. Whenever any such member shall recuse himself/herself from acting on a particular matter by reason of such conflict of interest, such member shall not continue to sit with the Board on the hearing of such matter, nor shall be/she participate in any discussions or proceedings related thereto. Nothing herein shall deny a Board member who has recused himself/herself from a particular matter the right to speak for or against, or otherwise comment on, such matter during the Board hearing related thereto, provided that any such comment is made during the public portion of the Board hearing on such matter and further provided that such recused member identifies for the record that such comments are personal and in no way reflect an official position as a member of the Board or the position of the Board.

K. Officers; solicitor; professional experts; staff.

(1) Chair and vice chair.

(a) The Board of Adjustment shall annually elect a Chair and a Vice Chair from its members. The Chair shall preside at all meetings and hearings and fulfill the customary functions of that office. In the absence of the Chair, the Vice Chair shall act as Chair and shall have all the powers of the Chair. The Vice Chair shall have such other powers and duties as may from time to time be provided by the rules of the Board. The presiding officer of the Board may administer oaths.

(b) An alternate member shall not serve as Chair or Vice Chair of the Zoning Board.

(2) Solicitor.

(a) The Board of Adjustment shall employ or contract for the services of legal counsel, to be known as the "Zoning Board Solicitor," and shall fix the compensation of said Solicitor at such amount as the Board may deem reasonable.

(b) The Zoning Board Solicitor shall be an attorney, other than the Municipal Attorney (City Solicitor) or an attorney on his/her staff, who is licensed to practice law in the State of New Jersey.

(3) The Zoning Board Solicitor shall act as legal advisor to the Board, and he/she or his/her delegate shall attend all hearings of the Zoning Board unless excused by the Chair; shall attend any meetings of the Board at which his/her presence is requested; shall review and give an opinion concerning the legal sufficiency of any provision, code, ordinance, rule or regulation or amendments thereto relating to land use development and regulation presently in force or proposed for adoption by any official, department, bureau, board, commission or agency of the City; and shall be available, on reasonable request, for consultation with the Board of Adjustment concerning matters properly subject to its jurisdiction and authority. The Zoning Board Solicitor or his/her delegate shall also provide advice and aid to the Zoning Officer in the enforcement of this chapter and shall, where directed by the Board of Adjustment, initiate such legal actions as may be necessary to the proper enforcement of this chapter.

(4) Professional experts. The Zoning Board shall employ or contract for the services of professional experts, including, but not limited to, a professional engineer and professional planner to be known as the "Zoning Board Engineer" and "Zoning Board Planner," respectively, and shall fix the compensation of such professionals at such amount as the Board may deem reasonable.

(5) The Zoning Board Engineer shall be a professional engineer and the Zoning Board Planner shall be a professional planner. Both shall be licensed to practice their professions by the State of New Jersey.

(6) The Zoning Board Engineer and Planner shall act as engineering and planning advisors to the Board, and they or their delegates shall attend all hearings of the Zoning Board unless excused by the Chair; shall attend any meetings of the Board at which their presence is requested; shall review and render opinions concerning the engineering and planning sufficiency of any provision, code, ordinance, rule or regulation or amendments thereto relating to land use development and regulation presently in force or proposed for adoption by any official, department, bureau, board, commission or agency of the City; and shall be available, on reasonable request, for consultation with the Board of Adjustment concerning matters properly subject to its jurisdiction and authority. The Zoning Board Engineer and Planner, or their delegates, shall also provide advice and aid to the Zoning Officer in the enforcement of this chapter.

(7) The Zoning Board Engineer shall also perform such duties as may be required in accordance with N.J.S.A. 40:55D-1 et seq.

(8) Staff. The Zoning Board shall select a Secretary who may or may not be a member or alternate member of the Zoning Board or a municipal employee, and create and fill such other offices as established by this chapter.

(9) Other. The Zoning Board may also employ or contract for such experts, consultants and other staff and services as it may deem necessary and fix the compensation thereof at such amount as the Board may deem reasonable.

L. Quorum; voting.

(1) No action shall be taken at any Board of Adjustment meeting or hearing without a quorum, consisting of four members, being present. Except as otherwise required in § 300-37D(2), the concurring votes of a majority of the members voting, but not fewer than three votes, shall be necessary to any action by the Board of Adjustment.

(2) A member absent from any portion of a meeting or hearing, or, where a meeting or hearing is carried over to two or more sessions, from one or more of the sessions, shall be eligible to vote upon the matter heard, notwithstanding such absence, provided that such Board member shall first certify on the record that he/she has read a transcript or listened to a recording of the session or sessions or part thereof from which he/she was absent.

M. Meetings; hearings; procedures.

(1) The Board of Adjustment shall fix the time and place for holding its regular meetings, provided that a meeting shall be scheduled not less than once each month and shall be held as scheduled unless canceled for lack of applications for development to process or other business to conduct. The Board of Adjustment may provide for special meetings at the call of the Chair or at the request of any two of its members, which shall be held after notice to its members and the public in accordance with the provisions of the Open Public Meetings Act (P.L. 1975, c. 231)[1] and the rules of the Board of Adjustment. All regular meetings and all special meetings of the Board of Adjustment Board shall be open to the public; provided, however, that in accordance with N.J.S.A. 40:55D-9, the Board may meet in executive session for the purpose of discussing and studying any matters to come before it, and these sessions shall not be deemed a regular or special meeting.

[1] Editor's Note: See N.J.S.A. 10:4-6 et seq.

(2) All testimony at any meeting of the Board of Adjustment shall be given under oath.

(3) All hearings of the Board of Adjustment shall be set, noticed and conducted in accordance with the provisions of § 300-29.

(4) The Board of Adjustment shall adopt its own rules for the conduct of its business, meetings and hearings not inconsistent with this chapter and the statutes of the State of New Jersey. Such rules shall be filed with the Board Secretary, and copies thereof shall be available to any person upon request and the payment of a fee in accordance with § 300-9. Any rule so adopted which relates solely to the conduct of the Board's meetings or hearings and which is not mandated by this chapter or the statutes of the State of New Jersey may be waived by the Board upon good cause being shown.

N. Minutes; transcripts; records; decisions.

(1) Minutes of every regular or special meeting and of every hearing shall be kept and shall include the names of the persons appearing and addressing the Board of Adjustment and of the persons appearing by attorney, the action taken by the Board of Adjustment, the findings, if any, made by it and reasons therefor.

(2) A verbatim recording of the proceedings of every hearing, by either stenographic, mechanical or electronic means, shall be kept.

(3) All minutes, verbatim recordings, applications, requests, exhibits and papers filed in any proceeding before the Board of Adjustment, and the decision and report or reports of the Board, shall constitute the record of any matter brought before the Board. The records of the Board's activity shall be made available for public inspection during normal business hours at the office of the Board Secretary. Any interested party shall have the right to compel production of such records for use and evidence in any legal proceedings concerning the subject matter of such records. Such interested party shall be charged a fee for reproduction of such records in accordance with § 300-9.

(4) Every decision of the Board of Adjustment shall be by written resolution, which shall include findings of fact, shall refer to the evidence in the record and to the exhibits, plans or specifications upon which such decision is based, shall specify the reason or reasons for such decision and shall contain a conclusion or statement separate from the findings of fact which shall set forth the specific relief granted, whether relief is granted subject to expressly stated modifications or is denied. Every resolution shall expressly set forth any limitations or conditions imposed on any approval granted or any development, work or use authorized.

(5) In reaching its decision on any such application, the Board of Adjustment may rely on the personal knowledge of its members, on its inspections of the property and on any reports available to it; provided, however, that reliance on such matter shall not be allowed unless the Board shall have made the particular knowledge, inspection or report a matter of record at the public hearing and afforded every party reasonable time to respond to it.

(6) The Board of Adjustment shall take no final or binding vote on any decision pertaining to any application unless it shall first have before it the written resolution herein required; provided, however, that where special circumstances so warrant, the Board of Adjustment may take final action on any such application prior to the preparation of such resolution, but in such event it shall, before taking such action, first state its findings and conclusions as above required at a meeting open to the public and shall, in addition, state the special circumstances warranting such action.

(7) In any case where this chapter, or where N.J.S.A. 40:55D-1 et seq., provides that the failure of the Board of Adjustment to act within a fixed period shall be deemed a grant or denial of or a recommendation upon an application, such failure shall, notwithstanding the absence of required findings and conclusions, be considered to be a decision or recommendation of the Board rendered on the day following the expiration of such fixed period.

(8) Within 10 days following any decision on such application, the Zoning Board Secretary shall mail notice thereof to each person entitled to notice pursuant to § 300-29. A brief notice of the decision of the Board shall be placed in a newspaper having general circulation.

(9) As to other matters brought before the Board of Adjustment, the Board shall prepare such reports and make such communications as it shall deem appropriate to the subject matter.

O. Powers and duties. The Board of Adjustment shall be empowered to exercise all duties and responsibilities conferred to it by N.J.S.A. 40:55D-70 and this chapter, specifically:

(1) In accordance with N.J.S.A. 40:55D-70a, hear and decide appeals from any action taken by an Administrative Officer pursuant to the terms of this chapter where it is alleged that there is error in any order, requirement, decision or refusal of such Officer based on or made in the enforcement of this chapter. In exercising such power, the Board of Adjustment shall have the power to reverse, affirm or modify, in whole or in part, the order, requirement, decision or determination subject of such appeal and, to such end, shall have all the powers of such Administrative Officer with respect to the subject matter of such appeal.

(2) Hear and decide requests for interpretations of the Zoning Map or the provisions of this chapter in accordance with N.J.S.A. 40:55D-70b.

(3) Hear and decide requests for interpretations of special questions upon which the Board is authorized to pass by this chapter in accordance with N.J.S.A. 40:55D-70b.

(4) Review and approve or disapprove requests for variances from the requirements of this chapter in accordance with N.J.S.A. 40:55D-70c.

(5) Review and approve or disapprove requests for variances from the requirements of this chapter in accordance with N.J.S.A. 40:55D-70d(1), (2), (4), (5) and (6).

(6) Review and approve or disapprove site plans and subdivision plats in connection with its review of an application for a use variance in accordance with N.J.S.A. 40:55D-37, 40:55D-59[2] and 40:55D-70d.

[2] Editor's Note: N.J.S.A. 40:55D-59 was repealed by L. 1983, c. 253, § 1, effective 7-7-1983.

(7) Direct or order the 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 on the Official Map in accordance with N.J.S.A. 40:55D-34.

(8) Direct or order the issuance of a permit for a building or structure not related to a street in accordance with N.J.S.A. 40:55D-36.

(9) Appoint legal counsel, professional experts and other staff.

(10) Assemble data on a continuing basis as a part of a continuous planning process, including the Annual Report required under N.J.S.A. 40:55D-70.1.

(11) Subject to the right of the applicant to receive a decision within the time periods specified by this chapter, make referrals in addition to those expressly required by this chapter to persons or agencies for their recommendations.

(12) Aid and assist City Council and the departments and agencies of the City in implementing general plans and in planning, developing and completing specific projects.

(13) Review and report on any matter referred to it by City Council or the Planning Board.

(14) Perform such other advisory duties as are assigned to it by ordinance or resolution of City Council for the aid and assistance of City Council or other agencies or officers.

(15) Upon reasonable, written request, make its special knowledge and expertise available to any official, department, bureau, board, commission or agency of the City, county, state or federal governments to aid them in the performance of their respective duties relating to the planning and development of the City and its region, and to participate in the preparation and review of programs or plans required by state or federal law or regulation.

(16) In furtherance of the above jurisdiction and authority, to make such investigations, maps and reports and recommendations in connection therewith relating to the planning and development of the City of Pleasantville as may be necessary, appropriate and desirable; provided, however, that the expenditures of the Board shall not exceed the amounts appropriated therefor.

(17) Issue subpoenas, administer oaths and take testimony in the exercise of its duties (wherein the provisions of N.J.S.A. 2A:67A-1 et seq., shall govern).

P. Appeals. Any interested person may appeal any final decision of the Board of Adjustment to the court of proper jurisdiction, to the Board of Public Utility Commissioners in the cases specified in and pursuant to N.J.S.A. 40:55D-19, and, to the extent and in the manner authorized by New Jersey law, to any court of competent jurisdiction.

§ 300-13 Zoning Officer and Board Secretary positions established; compensation; records.

A. Zoning officer.

(1) There is herewith established, pursuant to N.J.S.A. 40:55D-18, a Zoning Office for the City of Pleasantville, which Office shall be the Administrative Office charged with the day-to-day administration of this chapter.

(2) There is herewith established within the Zoning Office, pursuant to N.J.S.A. 40:55D-3 and 40:55D-18, a Zoning Officer for the City of Pleasantville, who shall be the Administrative Officer charged with the day-to-day administration of this chapter.

(3) The Zoning Officer shall be an employee of the City. While the Zoning Officer may hold more than one title or position within the City, such individual shall hold no elective office therein. The Zoning Officer shall be compensated in the amount of funds appropriated for such purpose by the City Council.

(4) Power and duties. The Zoning Officer shall be empowered to exercise all duties and responsibilities conferred to it by N.J.S.A. 40:55D-1 et seq., including, but not limited to:

(a) The administration and enforcement of this chapter, and in exercising such duties, shall have all the powers necessary to such administration and enforcement.

(b) The supervision and management of the affairs and activities of the Zoning Office and its employees, and may employ such technical assistants, clerks, secretaries and such other persons as shall be authorized by action of the City Council, and shall pay for their services and any other necessary and proper expenses, but only out of such appropriations as may from time to time be made by the City Council for such purposes.

(c) Consistent with the express standards, purposes and intent of this chapter, promulgate, adopt, issue and enforce such procedural rules, regulations and forms as are, in his/her opinion, necessary to the effective administration and enforcement of the provisions of this chapter.

(d) Should the Planning Board or Zoning Board of Adjustment, within nine months following the adoption of this chapter, fail to adopt rules and regulations to govern the conduct of business as required by § 300-11M(3) and § 300-12M(4), respectively, the Zoning Officer shall, within one year following the adoption of this chapter, promulgate and issue such rules. Unless the respective Board shall, within 30 days following such issuance, object by formal motion to such rules and adopt rules for itself as herein required, such rules so issued shall be deemed for all purposes to be the rules required by this chapter to be adopted by the respective Board and shall, after issuance, govern the conduct of the business of the respective Boards. Rules so issued may be amended or modified by the respective Board in the same manner as if adopted by such Board. All rules, regulations and forms issued by the Zoning Officer shall be kept on file in the Zoning Office, shall be filed with the City Clerk and shall be public records of the City, open to inspection by interested parties at reasonable times and upon reasonable notice. Copies thereof shall be available for sale in the Zoning Office at a fee in accordance with § 300-9.

(e) Provide a written or verbal report to City Council when directed, but in no case less often than quarterly, summarizing for the period since the last such report all building permits and certificates of occupancy issued by him, all identifiable complaints of violations filed with the Zoning Office, and actions taken consequent thereto.

B. Staff Secretaries to the Planning Board and Zoning Board of Adjustment.

(1) There is herewith established within the Zoning Office, pursuant to N.J.S.A. 40:55D-24 and 40:55D-69, Staff Secretaries for the Planning Board and the Zoning Board of Adjustment, who shall be the Administrative Staff Officers charged with the management of the day-to-day functions of the Planning Board and Zoning Board of Adjustment. While such position(s) shall ultimately be responsible to the Board to which he/she is appointed, the daily activities of such position(s) shall be supervised by the Zoning Officer.

(2) Such Secretaries shall be employees of the City. While they may hold more than one title or position within the City, such individuals shall hold no elective office therein. Nothing herein shall preclude the Planning Board Secretary from serving as the Secretary to the Zoning Board of Adjustment or the Zoning Board Secretary from serving as Secretary to the Planning Board. The Staff Secretaries shall be compensated in the amount of funds appropriated for such purpose by the City Council.

(3) Power and duties. The Staff Secretaries shall be empowered to exercise all duties and responsibilities conferred by N.J.S.A. 40:55D-24 and 40:55D-69, including, but not limited to:

(a) Provide the agendas for and attend the meetings and hearings of each respective Board;

(b) Inform each respective Board of all facts and information at his/her disposal with respect to any matter brought before such Board;

(c) Keep minutes of every meeting, including the names of persons appearing and addressing the respective Board and of the persons appearing by attorney, the action taken by the Board, the findings, if any, made by it and reasons therefor;

(d) Keep verbatim recordings of the proceedings of every hearing, by either stenographic, mechanical or electronic means;

(e) Give notice, 30 days prior to the expiration of the term of any member of either such Board, of the date on which the term of such member will expire to such member, to the City Council and to the Mayor; and

(f) Perform such other duties as may be assigned by the Zoning Officer, this chapter and by the rules of such respective Boards.

C. Records. The Planning Board or Zoning Board Secretary, as the case may be, shall maintain the following as public records of the City, open to inspection by interested parties at reasonable times and upon reasonable notice:

(1) Permanent and current records of this chapter, including all maps; amendments; conditional use, subdivision plat and site plan approvals and denials; interpretations; and decisions rendered by the Zoning Office, the Planning Board, the Board of Adjustment and the City Council, together with relevant background files and materials.

(2) Duplicate copies of all zoning permits, numbered consecutively and showing the fee charged therefor, issued or denied pursuant to this chapter, together with such portions of the applications therefor as the Zoning Officer may consider necessary to the proper administration of this chapter.

(3) A current file of all certificates, permits or authorizations issued pursuant to this chapter and all notices of violation, discontinuance or removal issued by or entrusted to the Zoning Office for such time as necessary to ensure continuous compliance with the provisions of this chapter.

(4) A current file of all interpretations issued by the Board of Adjustment.

(5) A current file of all identifiable complaints of violations of this chapter and the actions taken as a consequence of such complaint.

(6) Current maps locating all applications for amendment, site plan/subdivision approvals, variances and appeals and indicating the disposition thereof.

(7) Permanent and current records of all Planning Board and Board of Adjustment meetings, hearings and proceedings, minutes and transcripts taken therein and any correspondence of such Boards.

D. Applications: receipt; processing; referral to interested parties and agencies.

(1) The Zoning Officer shall receive all applications required to be filed pursuant to this chapter and such other applications as the ordinances of the City may from time to time require to be filed in such office. Such applications include, but are not necessarily limited to, applications for:

(a) Zoning permit.

(b) Demolition permit.

(c) Mercantile license.

(d) Appeal or interpretation in accordance with N.J.S.A. 40:55D-70a or b.

(e) Construction or building permit.

(f) Certificate of occupancy.

(g) Site plan or subdivision approval.

(h) Variance relief in accordance with N.J.S.A. 40:55D-25 and 40:55D-70c or d.

(2) Upon receipt of any such application, the Zoning Officer shall review it for completeness, and if any deficiencies are found, shall give notice of such deficiencies to the applicant, in writing, within 45 days following the original filing of such application. In reviewing an application for completeness, the Zoning Officer may request the assistance of the City Engineer, City Planner or other such professional as may be necessary and appropriate. Any costs incurred by the Zoning Officer for any such assistance shall be paid from the escrow fee required of each such application.

(3) After determination that an application is complete, the Planning Board or Zoning Board Secretary, as the case may be, shall see to its expeditious processing, including actions to be taken by the Zoning Officer if it is within his/her power to do so, or its prompt referral to and retrieval from each official, department, bureau, board, commission or agency of the City or other government with any interest in or duty with respect to such application. To facilitate such referrals/retrieval, the Planning Board or Zoning Board Secretary, as the case may be, shall prepare, maintain and continually keep current a list or lists of all officials, departments, bureaus, boards, commissions and agencies which have, in writing, requested an opportunity to review or comment on various specified applications and proposals for various specified reasons and pursuant to various specified duties and authorities.

(4) Notice of hearing. The Planning Board or Zoning Board Secretary, as the case may be, shall give or cause to be given notice of hearings and meetings on applications pursuant to law and this chapter.

(5) Investigation. Whenever the Planning Board or the Board of Adjustment shall so request, by general rule or specific direction, the Zoning Officer shall conduct or cause to be conducted such surveys, investigations, field studies, the taking of photographs, and/or the making of charts and/or exhibits as shall be necessary or convenient to the processing of any application filed with the City.

(6) Plan review and zoning permits. Pursuant to § 300-34, the Zoning Officer shall review all applications for zoning permits and approve or disapprove such applications and issue or refuse to issue such permits based on compliance or noncompliance with the provisions of this chapter.

(7) Acceptance of guaranties. The Planning Board or Zoning Board Secretary, as the case may be, or his/her designee shall accept performance and maintenance guaranties required to be paid pursuant to this chapter.

(8) Notices. Pursuant to the provisions of § 300-11N(8) and § 300-12N(8), the Planning Board or Zoning Board Secretary, as the case may be, shall give or cause to be given notices of actions taken pursuant to this chapter.

E. Inspection and enforcement.

(1) In furtherance of the enforcement of this chapter, the Zoning Officer shall undertake such regular and continuing programs of inspection of work approved and underway and of existing structures and uses as may be feasible and proper within the limits of staff and funds; shall undertake such inspections as may be necessary to the performance of the duties hereunder; and shall receive from any person complaints alleging, with particularity, a violation of this chapter and, when appropriate, shall cause such investigations and inspections as may be warranted by such complaints to be made. Upon finding the existence of any violation of this chapter, the Zoning Officer shall proceed as provided for in this chapter.

(2) The Zoning Officer shall cooperate with the City's Construction Code Official, Fire Inspector, Housing Inspector or other relevant personnel to coordinate enforcement and inspection activities under this chapter with those conducted pursuant to the authority vested in such personnel so as to achieve the greatest efficiency and avoid unnecessary duplication of efforts.

(3) Nothing in this subsection shall be interpreted to prevent any person entitled to relief in law or equity by reason of a violation of the provisions of this chapter from bringing an appropriate action to secure such relief.

F. Reports concerning valuation, assessment and taxation of land.

(1) The Zoning Officer shall promptly inform the Atlantic County Tax Assessor of those parcels of land designated as an agricultural or horticultural use pursuant to the provisions of the Farmland Assessment Act of 1964 (N.J.S.A. 54:4-23.1 et seq.) which receive preliminary subdivision/site plan approval pursuant to the provisions of this chapter.

(2) The Zoning Officer shall cooperate with the Tax Assessor to establish a system to provide the City Tax Assessor with current information concerning any action taken pursuant to this chapter which might affect the valuation, assessment or taxation of any parcel of real estate in the City.

§ 300-14 Other officials, departments, bureaus and agencies.

In addition to the jurisdiction, authority and duties conferred upon them by other provisions of the codes and ordinances of the City of Pleasantville, every official, department, bureau and agency of the City shall have the following jurisdiction, authority and duties with relation to the administration and enforcement of this chapter:

A. Each official, department, bureau and agency shall have such duties and responsibilities with respect to land use and development regulations in the City as shall be conferred upon it by the various provisions of the codes, ordinances and regulations applicable to such official, department, bureau or agency. Where such duties and responsibilities require such official, department, bureau or agency to review plans or proposals for land use or development, such official, department, bureau or agency shall inform the Zoning Officer, in writing, of such requirement; of the particular provision of the code, ordinance or regulation which creates such requirement; of the particular type or category of plans or proposals which must be reviewed; of the stage in the planning, zoning and development process where such review would be most effective; and of the estimated time that would be required for such review in the normal case.

B. Issuance of permits. No official, department, bureau or agency of the City shall issue any permit, license or approval in violation of the terms of this chapter or which could result in work or the use of buildings, structures or land in violation of the provisions of this chapter. Every official, department, bureau or agency of the City issuing permits, licenses or approvals, the use of which may result in a violation of the provisions of this chapter, shall refer the application therefor to the Zoning Officer for a report on conformance with said provisions. The Zoning Officer shall promptly return such application with a report thereon, and if the report indicates that the use of such permit, license or approval will result in a violation of the provisions of this chapter, the license, permit or approval shall not be issued.

C. Cooperation and technical assistance. Upon reasonable request, each official, department, bureau and agency of the City shall cooperate fully with and offer technical aid, advice and expertise to the Planning Board, Board of Adjustment and the Zoning Officer to the end that the goals, policies and standards of the Master Plan and this chapter may be expeditiously and effectively achieved.

§ 300-14.1 Cannabis Business Site Plan Waiver Committee.

[Added 3-20-2023 by Ord. No. 3-2023]

A. There is herewith established a Cannabis Business Site Plan Waiver Committee of the City of Pleasantville. Such Committee shall consist of the following members:

(1) City Council President;

(2) City Engineer;

(3) Construction Code Official;

(4) Zoning Official;

(5) Fire Official;

(6) City Manager.

B. Powers and duties. The Cannabis Business Site Plan Waiver Committee may recommend to the Zoning Officer to waive formal site plan review procedures, as otherwise required by § 300-36 of the Land Management code, for any cannabis business as defined in this Code and licensed in accordance with § 116-4 of the City Code, provided that the following conditions are satisfied:

(1) All conditional use requirements for the applicable cannabis business found in § 300-25F entitled Cannabis Business Overlay Zone are satisfied.

(2) The proposed cannabis business will be moving into an existing building on an existing site that had previously received site plan approval from the Planning Board or Zoning Board of Adjustment, and the application does not involve any substantial new construction such as changes to the existing building footprint, site circulation, or parking configuration.

(3) The existing off-street parking of the subject location is sufficient to satisfy any off-street parking and loading requirements for the proposed cannabis business.

C. Cannabis businesses recommended for waiver of site plan review by the Cannabis Business Site Plan Waiver Committee shall be subject to administrative review by the Zoning Official in accordance with § 300-26B(5) of the City Code.