A.
A Planning Board is hereby re-established consisting of 9 regular
and 4 alternate members of the following four classes:
1.
Class I - The Mayor or the Mayor's designee in the absence of 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, provided
that any 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 is both a member
of the Zoning Board of Adjustment and a member of the Board of Education
among the Class IV regular or alternate members.
3.
Class III - A member of the governing body to be appointed by it.
4.
Class IV - Regular Members. Six other resident citizens of the Borough
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 Historic Preservation Commission. No
member of the Board of Education may be a Class IV member of the Planning
Board, except that in the case of a nine-member board, one Class IV
member may be a member of the Board of Education. If there be 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 a Class IV Planning Board member, unless there be among the
Class IV or alternate members of the Planning Board both a member
of the Historic Preservation Commission 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 committee 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 a municipal office.
5.
Class IV - Alternate Members. Four other resident citizens of the
Borough to be appointed by the Mayor. Alternate members shall meet
the qualifications of Class IV regular members and shall be designated
by the governing body at the time of their appointment as "Alternate
No. 1", "Alternate No. 2", "Alternate No. 3", and "Alternate No. 4".
6.
The adoption of this Ordinance shall not be construed to affect any
standing member of the Planning Board.
B.
Terms of Membership.
1.
The term of the member composing Class I shall correspond with his
or her official tenure.
2.
The terms of the members composing Class II and Class III shall be
for one year or shall 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 3 years or terminate at the completion of
term of office as a member of the Environmental Commission, whichever
comes first.
3.
The term of Class IV member who is also a member of the Board of
Education shall terminate whenever he or she is no longer a member
of such other body or at the completion of his or her Class IV term,
whichever comes first.
4.
The term of each Class IV regular member shall be 4 years.
5.
The terms of the Class IV alternate members shall be 2 years, except
that the terms of the alternate members shall be such that the term
of not more than 1 alternate member shall expire any 1 year.
C.
Role of Alternate Members. Alternate members may participate in discussions
of the proceedings but may not vote except in the absence or disqualification
of a regular member of any Class. A vote shall not be delayed in order
that a regular member may vote instead of an alternate member. In
the event that a choice must be made as to which alternate member
is to vote, "Alternate No. 1" shall vote.
D.
Vacancies. If a vacancy of any Class shall occur otherwise than by
expiration of term, it shall be filled for the unexpired term, only.
E.
Compensation. Members of the Planning Board shall serve without compensation
except that reimbursement of reasonable expenses in the execution
of official duties may be made by the municipality.
F.
Removal. Any member other than a Class I member may be removed by
the governing body for cause but only after public hearing and other
due process proceedings.
G.
Conflict. No member or alternate member of the Planning Board shall
be permitted to act on any matter in which he or she has either directly
or indirectly any personal or financial interest. No member who is
so disqualified may act on that particular matter, shall not continue
to sit with the Board on the hearing of such matter, nor shall participate
in any discussion or decision.
H.
Reorganization. Yearly, the Planning Board shall organize by selecting
from among its Class IV regular members a chairman and a vice chairman.
The Board shall also select a secretary who may or may not be a member
of the Board or a municipal employee.
I.
Funding. The governing body shall make provisions in its budget and
appropriate funds for the expenses of the Planning Board.
J.
Board Attorney. The position of Planning Board Attorney is hereby
created. The Planning Board may annually appoint to such office and
fix compensation or rate of compensation of an attorney-at-law of
New Jersey other than the Municipal Attorney. The adoption of this
Ordinance shall not be construed to affect any existing appointment.
K.
Staff. The Planning Board may also employ or contract for and fix
compensation of such experts and other staff and services as it may
deem necessary. The Board, however, shall not authorize expenditures
which exceed, exclusive of gifts or grants, the amounts appropriated
by the Borough Council for its use.
[Ord. No. 2011-8]
The Planning Board shall have the powers listed below as well
as any other powers established by law:
A.
Make, adopt, and from time to time after public hearing, 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;
B.
Participate in the preparation and review of programs or plans required
by State or Federal law or regulation;
C.
Assemble data on a continuing basis as part of a continuous planning
process;
D.
Annually, prepare a program of municipal capital improvements projects
projected over a term of 6 years and amendments thereto and recommend
same to the Borough Council;
E.
Consider and make report to the Borough Council within 35 days after
referral as to any proposed development regulation revision, or amendment
thereto, submitted to it and also pass upon other matters specifically
referred to the Planning Board by the Borough Council;
F.
Prepare, at least every 6 years, a periodic reexamination of the
Master Plan;
G.
The Planning Board shall have such other powers as prescribed by law, including, but not limited to those in Chapter 14.
H.
Technical Review Committee
1.
The Chairman of the Planning Board may appoint a Technical Review
Committee (TRC) which shall be advisory in nature.
a.
Only the Administrative Officer shall make a determination of completeness
of an application, pursuant to the provisions of N.J.S.A. 40:55D-10.3.
b.
The TRC shall advise and assist the Planning Board in reviewing site
plans, subdivision applications and variance applications as to the
following:
(1)
The sketch plan/subdivision classification.
(2)
Proposed meeting dates for processing each application.
(3)
The appropriateness of simultaneous review of the preliminary
and final subdivision and site plan.
(4)
Potential ordinance violations, necessary variances and specific
site plan and subdivision considerations.
(5)
The technical aspect of the proposed plan, including but not
limited to parking and circulation, lighting, signs, landscaping,
drainage, building location and design.
c.
An applicant for development shall have the option of appearing before
the TRC in order to hear comments regarding the application or to
discuss the technical aspects of the application. The applicant may
elect, if it so chooses, to bring its professional consultants to
the TRC meeting at which its application is agendized for discussion.
The TRC, in its exclusive discretion, may allot specific time allocations
to the discussion of any application.
d.
The TRC may promulgate such rules and regulations as it may deem
necessary for proper internal administration. A copy of such rules
and regulations, when adopted, shall be kept on file with the Borough
Clerk.
e.
The TRC shall consist of 4 members of the Planning Board; any 3 of
the 4 Board members are selected to act as regular Committee members
when Review Committee meetings are convened. Committee members are
appointed on an application basis. TRC may be assisted by the Planning
Board's professionals in the review of applications.
All professional fees for TRC members shall be paid from the
applicant's escrow account which shall be established prior to an
application being placed on an agenda for discussion.
I.
Sign Review Committee (SRC).
[Amended 6-10-2019 by Ord. No. 2019-12]
1.
SRC establishment.
a.
A Sign Review Committee (SRC) may be established at the discretion
of the Planning Board. When established, the Sign Review Committee
shall consist of five members as follows:
(1)
Planning Board Chair or designee;
(2)
Two members of the Planning Board, appointed by the Planning
Board Chair;
(3)
One member of the Historic Preservation Commission, appointed
by the Historic Preservation Commission Chair; and
(4)
One member of the Flemington Community Partnership (FCP) or
its equivalent, appointed by the FCP Chair.
(5)
The Chair of the SRC shall be the Planning Board Chair or designee.
b.
Term. The term of each SRC member shall be one year or the expiration
of their respective office, whichever occurs first.
c.
Vacancies. If a vacancy shall occur otherwise than by expiration
of term, it shall be filled for the unexpired term, only.
d.
Compensation. Members of the SRC shall serve without compensation.
e.
Removal. Any member may be removed by the SRC Chair for cause, such
as but not limited to conflicts, lack of meeting attendance and/or
other behavior unbecoming of a member of the SRC.
f.
Conflict. No member of the SRC shall be permitted to act on any matter
in which he or she has either directly or indirectly any personal
or financial interest. No member who is so disqualified may act on
that particular matter, shall not continue to sit with the SRC on
the hearing of such matter, nor shall participate in any discussion
or decision.
2.
Duties and powers.
a.
The SRC shall review and provide recommendations for all applications
for signs in the Downtown Business (DB). Downtown Business II (DB
II), Village Artisan Shopping (VAS), Transition Residential (TR),
Professional Office (PO), Transition Commercial (TC) zones, and all
redevelopment areas, unless otherwise exempted below.
(1)
Any tract with sign guidelines or regulations subject to approval
by the Planning Board. This shall not include typical site plan approvals
or variance approvals. The sign guidelines or regulations shall include
sign standards developed specifically for one or more buildings on
a tract and shall indicate the range of permitted sign sizes, materials,
illumination, and/or locations.
b.
The SRC shall be advisory in nature to the Planning Board and Zoning
Officer. The SRC shall not grant any relief.
c.
The SRC shall review all sign applications identified in Subsection
B1 above and shall provide a recommendation regarding said application
to the approving authority, the Zoning Officer or Planning Board,
as may be appropriate in light of the approval requested.
d.
The SRC is not required to hold regular scheduled meetings. SRC meetings
may be scheduled as necessary.
e.
Recommendations shall be based upon majority agreement of the members.
f.
Recommendations from the SRC shall address, at a minimum, aesthetic
design considerations, construction materials, illumination, impact
on the zoning ordinance and master plan, impact on neighboring properties
and the public good.
g.
The SRC shall provide a recommendation within five business days
of a complete sign application submittal. Failure to provide a recommendation
within five business days shall entitle the applicant to proceed with
the requested approval via the Zoning Officer or Planning Board, as
may be appropriate. Notwithstanding this time requirement, the applicant
may in their discretion, and in writing, grant the SRC additional
time to review the application in increments of five business days.
h.
The SRC may promulgate such rules and regulations as it may deem
necessary for proper internal administration. A copy of such rules
and regulations, when adopted, shall be kept on file with the Borough
Clerk.
i.
The Sign Review Committee may be assisted by the Planning Board's
professionals in the review of applications. Where Planning Board
approval is necessary, any associated professional fees shall be paid
from the applicant's escrow account established for the purpose of
seeking Planning Board approval.
3.
SRC applications.
a.
All applicants requesting approval for one or more signs addressed
in Subsection B1 above, including zoning permits, site plan applications,
etc., shall submit an application to the SRC for review and recommendation.
b.
An applicant shall be informed of any SRC meeting date. The applicant
may elect, if it so chooses, to bring its professional consultants
to the SRC meeting at which its application will be discussed. The
SRC, in its exclusive discretion, may allot specific time allocations
to the discussion of any application.
c.
Applicants are encouraged to submit the application electronically
to the Zoning Officer and Planning Board Secretary.
d.
The determination of completeness for a sign application to the SRC,
as described below, shall be determined by the SRC Chair or designee
of the SRC Chair.
e.
The following information shall be submitted for an application to
be deemed complete, unless upon written request by the applicant the
SRC Chair or designee of the SRC Chair finds one or more documents
unnecessary to evaluate the application and waives the requirement
for its submission in order for the application to be deemed complete.
(1)
Completion of the SRC application form. Said form shall be available
in the Borough Clerk's office.
(2)
Where a facade, blade or awning sign is proposed, photograph(s)
and/or drawings of the entire facade which is proposed for sign placement.
(3)
Survey or aerial photograph of the site.
(4)
Where a freestanding sign is proposed, a survey, site plan,
or aerial photograph identifying the location of the proposed freestanding
sign as well as the setback(s) of said sign to lot line or curb.
(5)
Rendering or photograph of each proposed sign, as well as each
dimension of the sign (height, length, width, wall projection), as
may be necessary to determine compliance with Borough sign regulations.
(6)
Construction materials of the proposed sign.
(7)
Illumination details of the proposed sign (light location, illumination
levels, lighting type), if applicable.
A.
The powers and authority formerly exercised by the Borough of Flemington
Zoning Board of Adjustment shall hereafter be exercised by the Borough
of Flemington Planning Board pursuant to N.J.S.A. 40:55d-25.
B.
The Class I and Class III members of said Planning Board will not
participate in this consideration of applications for development
which involve relief pursuant to Subsection (d) of Section 57 of the
Public Laws 1975, c. 291 N.J.S.A. 40:55d-70d.
The Planning Board shall have the power 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 Administrative Officer based on or made in enforcement of this
Ordinance.
B.
Hear and decide requests for interpretation of the Zoning Map or
Land Development Ordinance or for decisions upon other special questions
upon which the Zoning Board is authorized to pass on any Zoning Ordinance;
C.
Grant a variance from the strict application of a regulation, upon
an application or an appeal, so as to relieve difficulties or hardships:
1.
Where by reason of exceptional narrowness, shallowness, or shape
of a specific piece of property; or by reason of exceptional topographic
conditions or physical features uniquely affecting a specific piece
of property; or by reason of an extraordinary and exceptional situation
uniquely affecting a specific piece of property or the structures
lawfully existing thereon, the strict application of any zoning regulation
would result in peculiar and exceptional practical difficulties to,
or exceptional and undue hardship upon the developer of such property;
or
2.
Where in an application or appeal relating to a specific piece of property the purposes of this Ordinance set forth in § 2601 would be advanced by deviation from these Ordinance requirements and the benefits of the deviation would substantially outweigh any detriment, grant a variance to allow the departure from zoning regulations; provided, however, that no variance from those departures enumerated in § 2601 shall be granted under this section; and provided, further, that the proposed development does not require approval by the Planning Board of a subdivision, site plan, or conditional use in conjunction with which the Planning Board has power to review a request for a variance pursuant to 40:55D-70.
D.
Grant a variance to allow a deviation from the requirements of this
Ordinance, in particular cases and for special reasons to permit:
1.
A use or principal structure in a district restricted against such
use or principal structure;
2.
An expansion of a nonconforming use;
3.
Deviation from a specification or standard pertaining solely to a
conditional use;
4.
An increase in the permitted floor area ratio;
5.
An increase in the permitted density except as applied to the required
lot area for a lot or lots for detached one-or two-dwelling unit buildings
which lot or lots are either an isolated undersized lot or lots resulting
from a minor subdivision; or
6.
A height of a principal structure which exceeds by 10 feet or 10
percent the maximum height permitted in the district for a principal
structure.
7.
No variance or other relief may be granted under the terms of this
section, including a variance or other relief involving an inherently
beneficial use, without a showing that such variance or other relief
can be granted without substantial detriment to the public good and
will not substantially impair the intent and the purpose of the zone
plan and zoning ordinance.
A variance under this Subsection D shall be granted only by
the affirmative vote of at least 5 members.
E.
Report on Variances. The Planning Board shall, at least once a year,
review its decisions on applications and appeals for variances and
prepare and adopt by resolution a report of its findings on the provisions
of this Ordinance which were the subject of variance requests and
its recommendations for Land Development Ordinance amendment or revision,
if any. The Planning Board shall send copies of the report and resolution
to the Borough Council.
A.
A Historic Preservation Commission (HPC) is hereby established consisting
of 5 regular members and 2 alternate members, each of whom shall be
appointed by the Mayor, of the following 3 classes:
1.
Class A - Persons who are knowledgeable in building design and construction
or in architectural history;
2.
Class B - Persons who are knowledgeable or have a demonstrated interest
in local history;
3.
Class C - Persons who are residents of the municipality and who hold
no other municipal office, position or employment except for membership
on the Planning Board.
4.
There shall be at least one regular member from each class. A majority
of members shall be Class C. Class A and Class B members need not
be residents of the municipality.
[Amended 9-27-2022 by Ord. No. 2022-15]
5.
Alternate members shall meet the qualifications of Class C members
and shall be designated "Alternate No. 1" and "Alternate No. 2" at
the time of appointment.
B.
Terms of Membership.
1.
The term of each regular member shall be 4 years and the term of
each alternate member shall be 2 years.
2.
Alternate Members. Alternate members shall be designated at the time
of their appointment as "Alternate No. 1" and "Alternate No. 2."
3.
The term of any member in common with the Planning Board shall be
for the term of membership on such Board.
C.
Role of Alternate Members. Alternate members may participate in discussions
of the proceedings but may not vote except in the absence or disqualification
of a regular member of any Class. A vote shall not be delayed in order
that a regular member may vote instead of an alternate member. In
the event that a choice must be made as to which alternate member
is to vote, "Alternate No. 1" shall vote.
D.
Vacancies. If a vacancy shall occur otherwise than by expiration
of term, it shall be filled by appointment for the unexpired term,
only. All vacancies shall be filled within 60 days.
[Amended 9-27-2022 by Ord. No. 2022-15]
E.
Compensation. Members of the HPC shall serve without compensation
except that reimbursement of reasonable expenses in the execution
of official duties may be made by the municipality.
F.
Removal. Any member may be removed by the governing body for cause
but only after public hearing and other due process proceedings.
G.
Conflict. No member or alternate member of the HPC shall be permitted
to act on any matter in which he or she has either directly or indirectly
any personal or financial interest. No member who is so disqualified
may act on that particular matter, shall not continue to sit with
the Commission on the hearing of such matter, nor shall participate
in any discussion or decision.
H.
Organization. The HPC shall elect from its members a chairman and
vice-chairman and select a secretary who may or may not be a member
of the HPC or a municipal employee.
I.
Funding. The governing body shall make provisions in its budget and
appropriate funds for the expenses of the Historic Preservation Commission.
J.
Rules and Procedures. The HPC shall adopt and may amend internal
rules and procedures for the transaction of its business subject to
the following:
1.
A quorum for any action by the HPC shall be 3 members.
2.
All HPC minutes and records shall be public records.
3.
All HPC meetings shall comply with the Open Public Meetings Act (N.J.S.A.
10:4-7 et seq.).
4.
HPC meetings shall be scheduled at least once every month or as often
as required to fulfill its obligations to advise the Planning Board,
governing body, or construction official.
K.
Role of the HPC.
[Amended 6-10-2019 by Ord. No. 2019-12; 9-27-2022 by Ord. No. 2022-15
1.
For applications that would otherwise not require Planning Board review, the Zoning Officer shall refer the application to the HPC for a written report on the application in accordance with Borough Code § 1631 and its compliance with the Borough's Historic District regulations. This report shall be submitted to the Zoning Officer, who shall issue a written approval or denial based on the HPC report, pursuant to N.J.S.A. 40:55D-111. The report of the HPC shall also be provided to the applicant and the Planning Board. The report shall be sent to the Zoning Officer within 45 days of the referral to the HPC. Failure of HPC to report within the forty-five-day period shall constitute a determination that the application is consistent with the Historic District regulations and that no condition on the issuance of the permit shall be imposed.
2.
For applications that require Planning Board review based on provisions of the Borough Land Development Ordinance, the application shall be referred to the HPC for a written report on the application in accordance with Borough Code § 1631 and its compliance with the Borough's Historic District regulations. This report shall be submitted to the Planning Board, which shall issue a written approval or denial as required by the Municipal Land Use Law ("MLUL"), which may or may not incorporate the recommendations of the Historic Preservation Commission ("HPC") taking into account the HPC report and recommendations, pursuant to N.J.S.A. 40:55D. The report of the HPC shall be sent to the Planning Board, Zoning Officer, and applicant within 45 days of the referral to the HPC or prior to the scheduled public hearing before the Board on the matter, whichever is sooner. Failure of the HPC to report shall constitute a determination that the application is consistent with the Historic District regulations and that no condition shall be imposed on the issuance of any approval.
3.
An applicant may appeal any determination of the Zoning Officer to
the Borough Planning Board. Said appeal shall occur within 45 days
of the final determination by the Zoning Officer.
L.
The HPC shall advise the Planning Board from time to time through
the process of amending the Historic Preservation Element of the Master
Plan.
M.
The HPC shall recommend to the Planning Board for their approval determinations of historic landmark status and undertake reviews of development applications or permits affecting historic landmarks or improvements within historic districts in accordance with Borough Code § 1631.
[Amended 9-27-2022 by Ord. No. 2022-15]
The Historic Preservation Commission shall have the following
duties and responsibilities:
A.
To prepare a survey or surveys of historic sites and districts pursuant
to criteria established in such survey;
B.
To make recommendations to the Planning Board on the Historic Preservation
Element of the Master Plan and on the implications of any other Element
on the preservation of historic sites and districts;
C.
To advise the Planning Board on the inclusion of historic sites in
the recommended capital improvement program;
D.
To advise the Planning Board on applications for development;
E.
Provide written reports on the application of the zoning provisions
of this Ordinance or other land development regulations on historic
sites and districts;
F.
Provide technical assistance upon request to property owners on the
preservation, restoration, and rehabilitation of historic structures;
G.
To carry out such other advisory, educational, and informational
functions as will promote historic preservation in the municipality;
A.
Meetings.
1.
Meetings of the Planning Board shall be scheduled at least once a
month, and any meeting so scheduled shall be held as scheduled unless
canceled for lack of applications for development to process.
2.
Special meetings may be scheduled for at the call of the chairman
or on the request of any 2 Board members, which shall be held on notice
to its members and the public in accordance with the Open Public Meetings
Act.
3.
Actions at Meetings; Quorum. All agenda items requiring action by
the Board, except adjournments, shall be taken with a quorum present.
4.
All actions shall be taken by a majority vote of the members present at such meeting, except as otherwise provided in this Article or N.J.S.A. 40:55D. Failure of a motion to receive the number of votes required to approve an application for development pursuant to the exceptional vote requirements of § 1400 shall be deemed an action denying the application. A member of the Board who was absent for 1 or more of the meetings at which a hearing was held shall be eligible to vote on the matter upon which the hearing was conducted, notwithstanding his or her absence from one or more of the meetings: provided, however, that such a Board member has available to him or her the transcript or recording of all the hearings from which he or she was absent, and certifies in writing to the Board that he or she has read such transcript or listened to such recording.
5.
All 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. An executive session for the purpose of discussing and
studying any matters to come before the agency shall not be deemed
a regular meeting within the meaning of this Ordinance.
B.
Records of the Board.
1.
Minutes of every regular or special meeting 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. The minutes shall thereafter be made available for public inspection during the normal business hours at the office of the Administrative Officer. 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 shall be charged a reasonable fee for the reproduction of the minutes, as indicated in § 2800 of this Ordinance.
2.
A verbatim recording shall be made of every hearing. The recording of the proceedings shall be made by either stenographer, mechanical or electronic means. The municipality shall furnish a transcript or duplicate recording in lieu thereof on request to any interested party at his or her expense, provided that the charge for a transcript shall not exceed the maximum amount permitted in N.J.S.A. 2B:7-1 et seq. as indicated in § 2800 of this Ordinance. Each transcript shall be certified in writing by the transcriber to be accurate.
A.
The Planning Board shall hold a public hearing on each application
for development, except for application where no public hearing is
required. The Board shall make the rules governing such hearings.
Public hearings shall be scheduled by the Board or its designee.
B.
Any maps and documents for which approval is sought at a hearing shall be on file in the office of the Administrative Officer and available for public inspection during normal business hours at least 10 days before the date of the hearing. If maps or related material are to be revised as a result of any approving authority, the applicant shall file copies of all revised maps and related material as required in Chapter 15, with revision date noted on same, at least 10 days prior to the meeting of the approving authority at which discussion and /or hearing is scheduled to take place.
C.
The applicant may produce other documents, records or testimony at
the hearing to substantiate or clarify or supplement the previously
filed maps and documents.
D.
The public hearing shall be held in accordance with N.J.S.A. 40:55D-10.
The officer presiding at the hearing, or his or her designee, shall
have power to administer oaths and issue subpoenas to compel the attendance
of witnesses and the production of relevant evidence, including witnesses
and documents presented by the parties, and the provisions of the
"County and Municipal Investigations Law," N.J.S.A. 2A:67A-1 et seq.
shall apply.
E.
The testimony of all witnesses relating to an application for development
shall be taken under oath or affirmation by the presiding officer,
and the right of cross-examination shall be permitted to all interested
parties through their attorneys, if represented, or directly, if not
represented, subject to the discretion of the presiding officer and
to reasonable limitations as to time and number of witnesses.
F.
Technical rules of evidence shall not be applicable to the hearing,
but the Board may exclude irrelevant, immaterial or unduly repetitious
evidence.
G.
If the approving authority requires, or the applicant proposes, in
the event any substantial amendment in the layout of improvements
proposed by the developer that have been the subject of a hearing,
an amended application for development shall be submitted and proceeded
upon, as in the case of the original application.
A.
The municipal agency shall include findings of fact and conclusions
based thereon in each decision on any application for development
and shall reduce the decision to writing. The municipal agency shall
provide the findings and conclusions through:
1.
A resolution adopted at a meeting held within the time period provided
in this section for action by the municipal agency on the application
for development; or
2.
A memorializing resolution adopted at a meeting held not later than 45 days after the date of the meeting at which the municipal agency voted to grant or deny approval. Only the members of the Planning Board who voted for the action taken may vote on the memorializing resolution, and the vote of a majority of such members present at the meeting at which the resolution is presented for adoption shall be sufficient to adopt the resolution. An action resulting from the failure of a motion to approve an application shall be memorialized by resolution as provided above, with those members voting against the motion for approval being the members eligible to vote on the memorializing resolution. The vote on any such resolution shall be deemed to be a memorialization of the action of the municipal agency; however, the date of the adoption of the resolution shall constitute the date of the decision for the purposes of the mailings, filings, and publications required by § 1413.
The following public notice requirements shall apply to all hearings of the Planning Board (except for notice regarding a minor subdivision or site plan application, where required pursuant to § 1506 shall apply).
A.
Public notice of a hearing shall be given by the applicant for the
following applications for development:
1.
Any request for a variance;
2.
Any request for conditional use approval;
3.
Any request for the issuance of a permit to build within the bed
of a mapped street or public drainage way or on a lot not abutting
a street;
4.
Any request for general development plan approval;
5.
Any request for preliminary major subdivision approval;
6.
Any request for interpretation of this Ordinance or Zoning Map;
7.
Any request for preliminary major site plan; and
8.
Any request for major site plan approval involving Subsections A1
through A3.
9.
Appeals pursuant to N.J.S.A. 40:55D-70a or b.
C.
The secretary of the Planning Board shall notify the applicant at
least 2 weeks prior to the public hearing for the subject application.
Notice of a hearing requiring public notice shall be given by the
applicant at least 10 days prior to the date of the hearing in the
following manner:
1.
By publication in the official newspaper of the Borough.
2.
To all owners of real property as shown on the current tax duplicate
located in the State and within 200 feet in all directions of the
property which is the subject of the hearing; provided that this requirement
shall be deemed satisfied by notice to a condominium association,
in the case of any unit owner whose unit has a unit above or below
it, or horizontal property regime, in the case of any co-owner whose
apartment has an apartment above or below it. Notice shall be given
by serving a copy on the property owner, as shown on the current tax
duplicate, or his or her agent in charge of the property; or by mailing
a copy thereof by certified mail to the property owner at his or her
address as shown on the current tax duplicate. It is not required
that a return receipt be obtained. Notice shall be deemed complete
upon mailing.
3.
Notice to a partnership owner may be made by service upon any partner;
notice to a corporate owner may be made by service upon its president,
vice president, secretary or other person authorized by appointment
or by law to accept service on behalf of the corporation. Notice to
a condominium association, horizontal property regime, community trust
or homeowner's association, because of its ownership of common elements
or areas located within 200 feet of the property which is the subject
of the hearing, may be made in the same manner as to a corporation
without further notice to unit owners, co-owners, or homeowners on
account of such common elements or areas.
4.
To the clerk of any adjoining municipality or municipalities when
the property involved is located within 200 feet of said adjoining
municipality or municipalities, which notice shall be given by personal
service or certified mail.
5.
To the Hunterdon County Planning Board by personal service or certified
mail when the application for development involves property adjacent
to an existing County road or proposed road shown on the County Official
Map or the County Master Plan or adjoins other County land, or is
situated within 200 feet of a municipal boundary.
6.
To the Commissioner of the Department of Transportation of the State
of New Jersey by personal service or certified mail when the property
abuts a State highway.
7.
To the State Planning Commission, by personal service or certified
mail when the hearing involves an application for development of property
which exceeds 150 acres or 500 dwelling units, in which case the notice
shall include a copy of any maps or documents required to be on file
with the Administrative Officer.
8.
Additionally, the applicant shall be responsible for giving proper
notice to all property owners who do not reside within the municipality.
D.
Property List. Under the written request of an applicant, the Tax
Assessor shall, within 7 days, make and certify a list from current
tax duplicates of names and addresses of owners within the municipality
to whom the applicant shall be charged $10.00 and shall be entitled
to rely upon the information contained in such list, and failure to
give notice to any owner not on the list shall not invalidate any
hearing or proceeding.
E.
Proof of Service. The applicant shall file an affidavit or proof
of service with the approving authority at least 3 days prior to the
opening of the public hearing.
F.
Contents of Notice. The notice shall state the date, time and place
of the hearing and the nature of the matters to be considered, and
an identification of the property proposed for development by street
address, if any, or by reference to lot and block numbers as shown
on the current tax duplicate in the Municipal Tax Assessor's office,
and the location and times at which any maps or documents for which
approval is sought are available for inspection.
A.
No variance or other relief may be granted under the terms of this
Article 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 this Ordinance.
B.
Any variance from the terms of this Article hereafter granted by
the Planning Board permitting the erection or alteration of any structure
or structures, or permitting a specified use of any premises, shall
if no other period of duration is established by the Board granting
the variance, expire by limitation unless such construction or alteration
shall have been actually commenced on each and every structure permitted
by said variance, or unless such permitted use has actually been commenced,
within 12 months from the date of entry of the judgment or determination
of the approving authority; except, however, that the running of the
period of limitation herein provided shall be tolled from the date
of filing an appeal from the decision of the approving authority to
a court of competent jurisdiction, until the termination in any manner
of such appeal or proceeding.
A.
Appeals to the Planning Board may be taken by an interested party
affected by any decision of the Administrative Officer of the municipality
based on or made in the enforcement of the zoning provisions of this
Ordinance or a duly adopted official map. Such appeal shall be taken
within 20 days by filing a notice of appeal with the official from
whom the appeal was taken, specifying the grounds of such appeal.
The official from whom the appeal is taken shall immediately transmit
to the Board all the papers constituting the record upon which the
action appealed from was taken.
B.
A developer may file an application for development with the Planning
Board for action under any of its powers without prior application
to the Administrative Officer.
Any decision of the Planning Board when acting upon an application
for development shall be given notice in the following manner:
A.
Mailing of Decision. A copy of the decision shall be mailed to the
applicant and to the appellant, if the appellant is a differing interested
party, or, if either or both is represented, then to the respective
attorney(s) without charge, and for a reasonable charge to any other
interested person who has requested it, not later than 10 days after
the date of the decision.
B.
Newspaper Notice of Decision. A brief notice of every final decision
shall be published in the official newspaper of the municipality.
Such publications shall be arranged by the Board Secretary without
separate charge to the applicant or to the appellant, if the appellant
is a differing interested party. The notice shall be sent to the official
newspaper for publication within 10 days of the date of any such decision.
C.
Filing of Decision. A copy of the decision and all submitted documents
of record shall be filed with the Administrative Officer.
(N.J.A.C. 5:21-3)
A.
Exceptions (N.J.A.C. 5:21-3.1).
1.
The approving authority may grant such de minimis exceptions from
the requirements of the site improvement standards as may be reasonable
and within the general purpose and intent of the Residential Site
Improvement Standards (RSIS) if the literal enforcement of one or
more provisions of the standards is impracticable or will exact undue
hardship because of peculiar conditions pertaining to the development
in question.
2.
An application for an exception pursuant to this section shall be
filed in writing with the approving authority and shall include:
3.
Exceptions shall become a part of the construction documents and
shall be retained by the Board of Jurisdiction.
4.
Within 30 days of granting a de minimis exception request, a municipal
approving authority agreeing to an exception pursuant to this section
shall send a copy of the document(s) constituting the de minimis exception
resolution and/or document to the New Jersey Department of Community
Affairs, Division of Codes and Standards, 101 South Broad Street,
CN 802, Trenton, NJ 08625-0802. Such notice shall be clearly marked
"Site Improvement Exception(s)."
5.
An application for an exception may also be made by an officer or
agency of the municipality.
6.
Examples of de minimis exceptions include, but are not limited to,
the following:
a.
Reducing the minimum number of parking spaces and the minimum size
of parking stalls;
b.
Reducing the minimum geometrics of street design, such as curb radii,
horizontal and vertical curves, intersection angles, centerline radii,
and others;
c.
Reducing cartway width; and
d.
Any changes in standards necessary to implement traffic calming devices.
7.
The approving authority's granting of a request for a de minimis
exception shall be based on a finding that the requested exception
meets the following criteria:
B.
Waiver Request (N.J.A.C. 5:21-3.2).
1.
The Borough or developer may, in connection with a specific development,
request a waiver of any site improvement standard adopted under this
section in accordance with N.J.S.A. 40:55D-40.4(c). A waiver request
may also be made jointly by a municipality and a developer.
2.
The Site Improvement Advisory Board may approve a request for a waiver
based on any danger to public health and safety that would be caused
by adherence to a standard specified in this section.
3.
A waiver may be requested by the Borough or a developer, or the request
may be made jointly. The waiver request shall consist of the following:
a.
A copy of the development application as submitted to the municipal
approving authority; and
b.
A brief memorandum to the Commissioner of the Department of Community
Affairs containing sufficient information upon which to base a determination,
including:
(1)
A short description of the project in narrative form;
(2)
A citation to the particular site improvement standard from
which waiver is requested;
(3)
A clear description of the condition(s) giving rise to the request;
(4)
A clear description of the anticipated result if the standard
were to be followed;
(5)
The name, address, and telephone number of a contact person
for the developer; and
(6)
The name, address, and telephone number of a contact person
for the municipal approving authority.
c.
The party requesting the waiver shall send the request to the New
Jersey Department of Community Affairs, Division of Codes and Standards,
101 South Broad Street, CN 802, Trenton, NJ 08625-0802.
d.
Where a waiver is requested by the developer, the developer shall
send a copy of the request to the administrative officer of the municipality
concerned. Where a waiver is requested by the Borough, the Borough
shall send a copy of the request to the developer.
e.
A waiver may be requested by the developer or the Borough approving
authority at any time during the pendency of a development application.
The Site Improvement Advisory Board recommends submission of a waiver
request early in the application process or prior to the submission
of a formal development application. If the applicant or the approving
authority determines during the approving authority review process
that a waiver request is appropriate, the approving authority shall
give consideration whenever possible to the granting of an extension
for the purpose of pursuing a waiver. In some cases it may be impracticable
for the party requesting or appealing a waiver to complete the waiver
process within the time guidelines of the Municipal Land Use Law (N.J.S.A.
40:55D-1 et seq.; see, for example, N.J.S.A. 40:55D-45.3, 46(c), 46.1,
47, 48, and 50). In such cases, the municipal approving authority
may provide for the disposition of the waiver as a condition of its
approval.
f.
There is no fee for requesting a waiver.
[Added 10-28-2019 by Ord.
No. 2019-21; amended 2-24-2020 by Ord. No. 2020-1]
All appeals from decisions of the Planning Board shall be made
directly to the Superior Court of New Jersey.
