There is hereby established in the Town of Westfield a Planning
Board of nine members and two alternates, pursuant to the Municipal
Land Use Law.
The Planning Board shall consist of four classes of members,
plus alternates, as follows:
A.
Class I. The Mayor of the Town, or the Mayor's designee in the absence
of the Mayor.
B.
Class II. One of the officials of the Town other than a member of
the Town Council, to be appointed by the Mayor.
C.
Class III. A member of the Town Council to be appointed by the Town
Council.
D.
Class IV. Six citizens of the Town of Westfield to be appointed by
the Mayor. The members of Class IV shall hold no other municipal office,
position or employment, except that one such member may be a member
of the Zoning Board of Adjustment or Historic Preservation Commission,
and one such member may be a member of the Board of Education. For
the purpose of this qualification, 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.
E.
Alternates. There shall be two alternate members of the Planning
Board, appointed by the Mayor. Alternate members shall meet the qualifications
of Class IV members of the Planning Board. Alternate members shall
be designated at the time of appointment by the Mayor as "Alternate
No. 1" and "Alternate No. 2."
The terms of office for Planning Board members shall be as follows:
A.
The term of the Class I member shall correspond to the Mayor's official
tenure. In the case of the Mayor's designee in the absence of the
Mayor, the designee shall serve at the pleasure of the Mayor during
the Mayor's official tenure.
B.
The term of the Class II and Class III members shall be for one year
or terminate at the completion of their respective terms of office,
whichever occurs first.
C.
The term of a Class IV member who is also a member of the Zoning
Board of Adjustment, Historic Preservation Commission or 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.
D.
The term of all Class IV members shall be for four years, except
as provided otherwise herein.
E.
The term of alternate members shall be for two years.
F.
All terms shall run from January 1 of the year in which the appointment
is made.
G.
Nothing contained herein shall affect the terms of any present members
of the Planning Board, all of whom shall continue as members until
the completion of the terms for which they were appointed.
The Planning Board Chairman may appoint from among the members
of the Board a Subdivision and Site Plan Committee to review, report
and make recommendations to the full Board regarding subdivision and
site plan applications pending before the Board. The Planning Board
Chairman may also appoint from among the members of the Board such
other committees as the Chairman may deem advisable in carrying out
the functions of the Planning Board.
The Mayor may appoint one or more persons as a citizens' advisory
committee to assist or collaborate with the Planning Board in its
duties. Such person(s) shall have no power to vote or take other action
required of the Planning Board. Such person(s) shall serve at the
pleasure of the Mayor.
The Planning Board shall follow the provisions of the Municipal
Land Use Law and this chapter, and accordingly shall have authority
to:
A.
Prepare, adopt, and amend a master plan or component part thereof;
B.
Exercise informal review of conceptual development plans;
C.
Make recommendations to the Town Council concerning adoption or amendment
of development regulations and an Official Map;
D.
Exercise control over and review and approval or disapproval, in
whole or in part, of subdivisions, site plans and conditional uses,
provided that the Planning Board shall not have the power to review
and approve site plans, subdivisions or conditional uses when such
applications involve a "D" variance;
E.
Exercise control over and review and approval or disapproval of variances
when the development which is the subject of such variance(s) requires
subdivision, site plan or conditional use approval, provided that
the Planning Board shall have no authority in relation to "D" variances;
F.
Direct the issuance of building permits for buildings or structures
in certain areas shown on an Official Map, when the development which
is the subject of such building permit requires subdivision, site
plan or conditional use approval;
G.
Direct the issuance of building permits for buildings or structures
on a lot not related to a street, when the development which is the
subject of such building permit requires subdivision, site plan or
conditional use approval;
H.
Make recommendations to the Town Council and/or any housing, parking,
highway, special district or other authority, redevelopment agency,
school board or other similar public agency, State, county or municipal,
concerning the relationship of capital projects to the Master Plan
pursuant to N.J.S.A. 40:55D-31;
I.
Prepare a capital improvements program, if authorized by the Town
Council;
J.
Participate in the preparation and review of programs or plans required
by State or Federal law or regulation;
K.
Assemble data on a continuing basis as part of a continuous planning
process; and
L.
Perform such other advisory duties as are assigned to it by ordinance
or resolution of the Town Council for the aid and assistance of the
Town Council or other agencies or officers.
There is hereby established in the Town of Westfield a Zoning
Board of Adjustment of seven members and two alternates, pursuant
to the Municipal Land Use Law.
Qualifications for and appointment as members of the Zoning
Board of Adjustment shall be as follows:
A.
No member may hold any elective office or position under the municipality.
B.
All members shall be citizens of the Town of Westfield.
C.
All members shall be appointed by the Town Council.
D.
Alternate members shall be designated as "Alternate No. 1" and "Alternate
No. 2" by the Town Council at the time of appointment and shall have
the same qualifications as regular members.
The terms of office for Zoning Board of Adjustment members shall
be as follows:
A.
The term of regular members shall be for four years.
B.
The term of alternate members shall be for two years.
C.
All terms shall run from January 1 of the year in which the appointment
is made.
D.
Nothing contained herein shall affect the terms of any present members
of the Zoning Board of Adjustment, all of whom shall continue as members
until the completion of the terms for which they were appointed.
The Zoning Board of Adjustment shall follow the provisions of
the Municipal Land Use Law and this chapter, and accordingly shall
have authority 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 the Zoning Officer based on or made in the enforcement or application
of the zoning regulations;
B.
Hear and decide requests for interpretation of the Zoning Map or
zoning regulations or for decisions upon other special questions upon
which the board is authorized to pass by any zoning regulation or
official map regulation, in accordance with this ordinance and the
Municipal Land Use Law;
C.
Hear and decide requests for variances, provided that the Zoning
Board of Adjustment shall not have the power to hear and decide variances
if the development which is the subject of the variance request also
requires subdivision, site plan or conditional use approval, unless
the application involves a "D" variance request as defined in Article
2;
D.
Exercise control over and review and approval or disapproval, in
whole or in part, of subdivisions, site plans, and conditional uses,
only when the development which is the subject of such applications
is related to a "D" variance request as defined in Article 2;
E.
Direct the issuance of building permits for buildings or structures
in certain areas shown on an Official Map, unless the development
which is the subject of such building permits also requires subdivision,
site plan or conditional use approval;
F.
Direct the issuance of building permits for buildings or structures
on a lot not related to a street, unless the development which is
the subject of such building permits also requires subdivision, site
plan or conditional use approval; and
G.
Prepare at least once a year, a report for the Town Council and Planning
Board, based upon its review of its decisions on applications and
appeals for variances since any previous report. The report shall
be adopted by resolution of the Zoning Board of Adjustment, and shall
comment on the zoning regulations which were the subject of variance
requests, and shall make recommendations for any amendments to the
zoning regulations that the Board may deem appropriate based upon
prior variance applications.
The following provisions shall apply to both the Planning Board
and the Zoning Board of Adjustment:
A.
Vacancies. A vacancy in any membership position, including alternate
members, occurring otherwise than by expiration of term shall be filled
for the unexpired term only. Appointment of members to fill vacant
positions shall be as above provided for full term appointments.
B.
Removal of members. Any member or alternate member, other than the
Class I member of the Planning Board, after a public hearing if requested
by the member, may be removed by the Town Council for cause.
C.
Selection of officers. Each board shall elect a chairperson and vice-chairperson
from their members, provided that in the case of the Planning Board,
only Class IV members may hold such positions. Each board shall select
a secretary, who may either be a member of the board or a municipal
employee.
D.
Attorney, other experts and staff. There is hereby created the positions
of Attorney for the Planning Board and Attorney for the Zoning Board
of Adjustment. Each board may employ, or contract for, and fix the
compensation of legal counsel to fill such positions, provided such
compensation shall not exceed the amount appropriated by the Town
Council for use by the Board for such purpose. The Town Attorney shall
not serve as the attorney for either Board, nor shall the same person
serve as attorney for both boards; provided, however, that nothing
herein shall be deemed to prohibit either Board from retaining the
Attorney for the other Board to represent it on a case-by-case basis
in the event the regular Attorney for the Board is unable to represent
it for any reason. Each board may also employ, or contract for, and
fix the compensation of a licensed professional planning consultant
or such other additional experts, staff and services as it may deem
necessary, not exceeding, exclusive of gifts or grants, the amount
appropriated by the Town Council for the Board's use.
[Amended 10-2-2001 by Ord. No. 1789]
E.
Funding of expenses. The Town Council shall make provisions in its
budget and appropriate funds for the expenses of the Planning Board
and the Zoning Board of Adjustment as it shall deem appropriate.
F.
Rules and regulations. Each board shall adopt, and may amend reasonable
rules and regulations, not inconsistent with this ordinance, the Municipal
Land Use Law or with any applicable ordinance, for the administration
of its functions, powers and duties. A copy of the rules shall be
maintained in the office of the Secretary of the Board, and shall
be furnished to any person upon request. A reasonable fee may be charged
for provision of a copy of the rules.
G.
Meetings. The following provisions shall apply to the meetings of
the Planning Board and the Zoning Board of Adjustment:
1.
Schedule of meetings; special meetings. Each board shall by its rules
fix the time and place for holding its regular meetings. Regular meetings
of each board shall be scheduled not less than once a month and shall
be held as scheduled unless canceled for lack of applications for
development to process. The schedule of meetings shall be filed with
the Town Clerk, posted upon the Town bulletin board, and sent to two
newspapers with circulation in the Town, one of which shall be the
official newspaper of the Town. Each board may provide for special
meetings, at the call of the Chairman, or on the request of any two
of its members.
2.
Meetings open to public; executive sessions. All regular meetings
and special meetings shall be open to the public except to the extent
that the public may be excluded from any such meeting or portion thereof
in accordance with requirements of the Open Public Meetings Act. Meetings
shall be held on notice to the board members and the public in accordance
with this chapter and the Open Public Meetings Act. An executive session
for the purpose of discussing and studying any matters to come before
the agency shall not be deemed a regular or special meeting within
the meaning of this article and shall be open to the public.
3.
Quorum; conflict of interest; appointment of additional members.
No action shall be taken at any meeting without a quorum being present.
No regular, alternate or temporary member shall be permitted to act
on any matter in which he has, either directly or indirectly, any
personal or financial interest.
a.
If the Planning Board lacks a quorum because any of its regular
or alternate members is prohibited from acting on a matter due to
a conflict of interest, 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. Regular members of the Zoning Board
of Adjustment shall be called in order of seniority of continuous
service to the Zoning Board of Adjustment. If a choice has to be made
between regular members of equal seniority, the Chairman of the Zoning
Board of Adjustment shall make the choice. There shall be called only
the minimum number of members of the Zoning Board of Adjustment as
are necessary to establish a quorum of the Planning Board to act on
the matter.
b.
If the Zoning Board of Adjustment lacks a quorum because any
of its regular or alternate members is prohibited from acting on a
matter due to a conflict of interest, Class IV members of the Planning
Board shall be called upon to serve, for that matter only, as temporary
members of the Zoning Board of Adjustment. Class IV members of the
Planning Board shall be called in order of seniority of continuous
service to the Planning Board. If a choice has to be made between
Class IV members of equal seniority, the Chairman of the Planning
Board shall make the choice. There shall be called only the minimum
number of Class IV members of the Planning Board as are necessary
to establish a quorum of the Zoning Board of Adjustment to act on
the matter.
4.
Majority vote required. All actions shall be taken by a majority
vote of the members of the board present at the meeting, except as
otherwise provided by this ordinance and the Municipal Land Use Law
for actions requiring an enhanced vote.
5.
Participation of alternate members. Alternate members may participate
in discussions of the proceedings but may not vote except in the absence
or disqualification of regular members. 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.
6.
Minutes. Minutes of every regular or special meeting shall be kept
and shall 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 there for.
The minutes of any meeting shall also include a formal written resolution
for each action taken by the Board. The minutes shall thereafter be
available for public inspection during normal business hours at the
office of the Board Secretary after their approval by the Board. Any
interested party shall have the right to compel production of the
minutes for use as evidence in any legal proceedings concerning the
subject matter of such minutes. Such interested party may be charged
a reasonable fee for reproduction of the minutes for his use.
Any power expressly authorized by this ordinance or the Municipal
Land Use Law to the Planning Board or the Zoning Board of Adjustment
shall not be exercised by any other body, except as otherwise provided
by the Municipal Land Use Law.
A.
Establishment. There is hereby created a Board of Architectural Review,
which shall be an advisory board to the Planning Board and the Board
of Adjustment, and which shall consist of five members.
B.
Purpose. The establishment of the Architectural Review Board has
the following purposes:
1.
The exterior architectural design and the proposed plan of the structures
within the Town of Westfield, when erected should not be so incongruous
with those structures already constructed, or in the course of construction,
in the immediate neighborhood as to cause a substantial depreciation
of the property values of said neighborhood.
2.
Excessive uniformity or dissimilarity in architectural design produces
degeneration of property values with attendant deterioration of conditions
affecting health, safety, and welfare of the inhabitants thereof,
and destroys a proper relationship between the taxable value of real
property in such areas and the cost of municipal improvements and
services provided therefor.
3.
The establishment of the Architectural Review Board, and procedures
and standards pertaining thereto, is intended to prevent these and
other harmful effects of such exterior appearance of buildings and
thus to promote and protect the health, safety, and general welfare
of the community.
Qualifications for and appointment as members of the Board of
Architectural Review shall be as follows:
A.
All members shall be appointed by the Mayor with approval of the
Council.
B.
All members shall be residents of the Town of Westfield.
C.
Insofar as practical, the membership of the Board shall be comprised
of persons specially qualified by reason of training and experience
in architecture, law, land development, planning, real estate, landscape
architecture or other relevant business, profession, training or experience.
D.
The Mayor with the approval of the Council shall also have the authority
to appoint one alternate member having the same qualifications as
a regular member and who shall have the authority to act only in the
absence of a regular member.
E.
All members shall serve without compensation.
F.
The term of office of each member shall be three years, except that
for the initial establishment of the Board, appointments of two members
shall be for one year, of two members shall be for two years, and
of one member shall be for three years. Nothing contained herein shall
affect the terms of any present members of the Board of Architectural
Review, all of whom shall continue as members until the completion
of the terms for which they were appointed.
G.
A vacancy occurring otherwise than by expiration of term shall be
filled for the unexpired term only. Appointment of members to fill
vacant positions shall be as above provided for full term appointments.
H.
The Town Council shall have the power to remove any member for cause
after public hearing.
I.
A Chairman and Vice-Chairman shall be elected from and by the Board.
J.
The Chairman shall select one Board member to serve as Secretary
of the Board.
A.
Meetings of the Board of Architectural Review shall be held at the
call of the Chairman and at such other times as the Board may determine,
but shall be held within 15 days of the date of receipt of any application
for a building permit, variance or preliminary site plan approval
as provided for in Articles 6, 7 and 8 hereof, respectively, or within
such shorter time as may be necessary to give timely advice and recommendation
to the Planning Board or Board of Adjustment in its consideration
of any plan for development.
B.
The Chairman, or in his or her absence, the Vice-Chairman, may administer
oaths and compel the attendance of witnesses.
C.
A majority of said Board shall constitute a quorum for the transaction
of business.
D.
The Board shall keep minutes of its proceedings showing the vote
of each member upon each question, or if absent or failing to vote,
indicating such fact, and shall also keep records of its examinations
and other official actions.
E.
The Board shall have the power to adopt, amend and repeal rules and
regulations governing the Board's procedures and operations which
are not consistent with law or this chapter.
[Amended 9-29-2009 by Ord. No. 1942]
F.
Every regulation or amendment thereof, and every determination of
the Board shall be filed promptly with the Town Clerk and the Secretary
of the Board and shall be a public record.
There is hereby established the office of the Zoning Officer.
The duties of the Zoning Officer shall be as follows:
A.
To provide advise and counsel regarding the procedures and standards
in the Land Use Ordinance to: 1) applicants for approvals required
pursuant to this ordinance, 2) the Planning Board and Zoning Board
of Adjustment, 3) other agencies of the Town of Westfield, and 4)
other interested parties, as may be requested by said applicants,
Boards, agencies or parties;
B.
To review applications for construction permits, demolition permits,
zoning approvals, certificates of occupancy, subdivisions, site plans
and variances for compliance with the provisions of the Land Use Ordinance
and, in appropriate circumstances as specified by this ordinance,
to issue or deny zoning approvals;
C.
To coordinate the processing of development applications for the
Planning Board and Zoning Board of Adjustment;
D.
To investigate any alleged violation of this ordinance coming to
his attention, including but not limited to the express provisions
of the Land Use Ordinance and any terms and conditions of approval
granted pursuant to the Land Use Ordinance by the Planning Board or
Zoning Board of Adjustment, whether knowledge of such alleged violation
is by complaint of third persons or from his own personal knowledge
or observation;
E.
To proceed with the enforcement of this ordinance and the penalties provided for in Article 21. The Zoning Officer may also pursue such other statutory method or methods, heretofore or hereafter provided, as may be open to him; and
F.
To maintain the official records of his office.
