A.
No member of the Planning Board or Zoning Board of Adjustment shall
act on any matter in which he has, either directly or indirectly,
any personal or financial interest. Whenever any such member shall
disqualify himself from acting on a particular matter, he shall not
continue to sit with the Board on the hearing of such matter nor participate
in any discussion or decision relating thereto. Each member shall
comply with the City Ethics Ordinance.
B.
Each member of the Planning Board and/or Zoning Board of Adjustment
shall familiarize himself/herself with the Local Government Ethics
Law (P.L. 1991, c. 29) as approved on February 20, 1991, and effective
May 21, 1991.[1] This Act concerns ethical conduct for officers and employees
of local government. As defined at N.J.S.A. 40A:9-22.3g of this Act,
a "local government officer" means any person, whether compensated
or not, whether part-time or full-time:
(1)
Elected to any office of a local government agency;
(2)
Serving on a local government agency which has the authority to enact
ordinances, approve development applications or grant zoning variances;
(3)
Who is a member of an independent municipal, county or regional authority;
or
(4)
Who is a managerial executive or confidential employee of a local
government agency, but shall not mean any employee of a school district
or member of a school board.
[1]
Editor's Note: See N.J.S.A. 40A:9-22.1 et seq.
A.
Establishment. There is hereby established, pursuant to N.J.S.A.
40:55D-23, in the City of Perth Amboy a Planning Board of nine (9)
members consisting of the following four (4) classes:
(1)
Class I: The Mayor.
(2)
Class II: One (1) of the officials of the city, other than a member
of the governing body, to be appointed by the Mayor, provided that
if there is an Environmental Commission, the member of the Environmental
Commission who is also a member of the Planning Board as required
by N.J.S.A. 40:56A-1 shall be deemed to be the Class II Planning Board
member if there is both a member of the Zoning Board of Adjustment
or Historic Preservation Commission and a member of the Board of Education
among the Class IV members or alternate members.
(3)
Class III: A member of the governing body, to be appointed by it.
(4)
Class IV: Six (6) other citizens of the city, to be appointed by
the Mayor. The members of Class IV shall hold no other municipal office,
position or employment, except that one (1) member may be a member
of the Zoning Board of Adjustment or Historic Preservation Commission
and one (1) may be a member of the Board of Education. A member of
the Environmental Commission who is also a member of the Planning
Board as required by N.J.S.A. 40:56A-1 shall be a Class IV Planning
Board member unless there is among the Class IV members of the Planning
Board or alternate members both a member of the Zoning Board of Adjustment
or a member of the Historic Commission and a member of the Board of
Education, in which case the member of the Environmental Commission
shall be deemed to be the Class II member of the Planning Board. For
the purpose of this subsection, 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.
Terms of members.
(1)
The term of the member composing Class I shall correspond with his
official tenure.
(2)
The term of the members composing Class II and Class III shall be
for one (1) year or terminate at the completion of their respective
terms of office, whichever comes first, except for a Class II member
who is also a member of the Environmental Commission.
(3)
The term of a Class II or a Class IV member who is also a member
of the Environmental Commission shall be for three (3) years or terminate
at the completion of his term of office as a member of the Environmental
Commission, whichever comes first.
(4)
The term of a Class IV member who is also a member of the Board of
Adjustment or the Board of Education shall terminate whenever he is
no longer a member of such other body or at the completion of his
Class IV term, whichever comes first.
(5)
The terms of all Class IV members first appointed pursuant to this
chapter shall be so determined that, to the greatest practicable extent,
the expiration of such terms shall be evenly distributed after their
appointment as determined by resolution of the governing body. All
Class IV members shall be appointed for terms of four (4) years except
as otherwise herein provided.
(6)
All terms shall run from January 1 of the year in which the appointment
was made, except as otherwise specified herein.
(7)
No member of the Planning Board shall be permitted to act on any
matter in which he has, either directly or indirectly, any personal
or financial interest.
C.
Alternate members. There shall be two (2) alternate members of the
Planning Board who shall be appointed by the appointing authority
and shall meet the qualifications of Class IV members of the Planning
Board. Said alternates shall be designated at the time of their appointment
as Alternate No. 1 and Alternate No. 2. The terms of the alternate
members shall be for two (2) years, except that the terms of the alternate
members shall be such that the term of not more than one (1) alternate
member shall expire in any one (1) year. A vacancy occurring otherwise
than by expiration of term shall be filled by the approving authority
for the unexpired term only. 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.
Removal from office. No member or alternate member shall be permitted
to act on any matter on which he has either directly or indirectly
any personal or financial interest. Any member or alternate member
may, after public hearing if he requests one, be removed by the governing
body for cause.
E.
Vacancies. If a vacancy of any class shall occur otherwise than by
expiration of term, it shall be filled by appointment as above provided
for the unexpired term.
F.
Organization of Board The Planning Board shall elect a Chairman and
Vice Chairman from the members of Class IV, select a Secretary, who
may be a member of the Planning Board or a municipal employee, and
create and fill such other offices as established by chapter.
G.
Planning Board Attorney. There is hereby' created the position of
Planning Board Attorney. The Planning Board shall annually appoint
and fix the compensation of the Planning Board Attorney for all legal
services, including but not limited to regular and special meetings
of the Board, litigation and such other legal services as may be deemed
necessary by the Board. The Board Attorney shall be an attorney other
than the Municipal Attorney. The Board shall not, however, exceed,
exclusive of gifts or grants, the amount appropriated by the governing
body for its use.
H.
Expert staff. The Planning Board may also employ or contract for
the services of a Planning Consultant and his staff and other services
as it may deem necessary. The Board shall not, however, exceed, exclusive
of gifts or grants, the amount appropriated by the governing body
for its use.
I.
Powers of the Planning Board. The Planning Board is authorized to
adopt bylaws governing its procedural operation. It shall also have
the following powers and duties:
(1)
To create and adopt, and from time to time amend, a Master Plan for
the physical development of the municipality, including in its consideration
areas outside its boundaries which in the Board's judgment bear essential
relation to the planning of the city, in accordance with provisions
of N.J.S.A. 40:55D-1 et seq.
(2)
To administer the provisions of this chapter in accordance with the
provisions of said chapter and with N.J.S.A. 40:55D-1 et seq.
(3)
To participate in the preparation and review of programs or plans
required by state or federal law or regulations.
(4)
To assemble data on a continuing basis as part of a continuing planning
process.
(5)
To annually prepare a program of municipal capital improvements and
projects projected over a term of six (6) years, and amendments thereto,
and recommend the same to the governing body.
(6)
To consider and report to the governing body within thirty-five (35)
days after referral as to any proposed development regulations submitted
to it pursuant to the provisions of N.J.S.A. 40:55D-26b.
(7)
The Planning Board, when reviewing applications for approval of subdivision
plans, site plans or conditional uses, shall have the power to grant,
to the same extent and subject to the same restrictions as the Board
of Adjustment, provided that no variance under N.J.S.A. 40:55D-70d
is required:
(a)
Variances, pursuant to Section 57C of P.L. 1975, c. 291 (N.J.S.A.
40:55D-70c), from lot area, lot dimension, setback and yard requirements,
etc.
(b)
Direction, pursuant to Section 25 of P.L. 1975, c. 291 (N.J.S.A.
40:55D-34), for issuance of a permit for a building or structure in
the bed of a mapped street or public drainageway, flood control basin
or public area reserved pursuant to Section 23 of P.L. 1975, c. 291
(N.J.S.A. 40:55D-32), on the Official Map, if it is satisfied that:
[1]
The parcel or parcels of land cannot yield a reasonable return
to the owner unless a building permit is granted.
[2]
The building or structure will increase the cost of opening
such street as little as practicable or will tend to cause a minimum
of change to the Official Map. In directing the issuance of such permit,
the Board shall impose reasonable requirements as a condition of granting
the permit, so as to promote the health, morals, safety and general
welfare of the public.
(c)
Direction, pursuant to Section 27 of P.L. 1975, c. 291(N.J.S.A.
40:55D-36), for the issuance of a permit for a building or structure
not related to a street where it is satisfied that:
[1]
If the permit is not granted, practical difficulty or unnecessary
hardship would result.
[2]
The circumstances of the case do not require the building or
structure to be related to a street. The Board may direct the issuance
of such a permit subject to conditions that will provide adequate
access for fire-fighting equipment, ambulances and other emergency
vehicles necessary for the protection of health and safety and that
will protect any future street layout shown on the Official Map or
on a general circulation plan element of the Municipal Master Plan.
(d)
Whenever relief is requested pursuant to this subsection, notice
of a hearing on the application for development shall include references
to the request for a variance or direction for issuance of a permit,
as the case may be.
(8)
Advisory duties. The Planning Board shall perform such other advisory
duties as are assigned to it by ordinances or resolution of the city
for the aid and assistance of the city or other municipal agencies
and officers.
(9)
Informal review. At the request of the developer, the Planning Board
shall grant an informal review of a concept plan for a development
for which the developer intends to prepare and submit an application
for a development. The developer shall not be required to submit any
fees for such informal review. The developer shall not be bound by
any concept plan for which review is requested, and the Planning Board
shall not be bound by any such review.
J.
Minor Subdivision Committee. The Chairman of the Planning Board shall
establish a Minor Subdivision Committee to review applications for
development of minor subdivisions. The Committee shall have the power
to determine, on behalf of the Board, whether an application for development
conforms to the definition of "minor subdivision" in this chapter.
The Committee shall also have the power to approve those applications
which so conform, whether unconditionally or conditioned on terms
ensuring the provisions of improvements.
K.
Citizen's Advisory Committee. The Mayor may appoint one (1) or more
persons as a Citizen's Advisory Committee to assist or collaborate
with the Planning Board in its duties, but such person or persons
shall serve at the pleasure of the Mayor.
L.
Environmental Commission Review. Whenever the Environmental Commission
has prepared and submitted to the Planning Board an index of the natural
resources of the municipality, the Planning Board shall make available
to the Environmental Commission an informational copy of every application
for development to the Planning Board. Failure of the Planning Board
to make such an informational copy available to the Environmental
Commission shall not invalidate any hearing or proceeding.
M.
Rules and regulations. The Planning Board shall adopt such rules
and regulations as may be necessary to carry into effect the provisions
and purposes of this chapter. In the issuance of subpoenas, administration
of oaths and taking of testimony, the provisions of the County and
Municipal Investigations Law of 1953 (N.J.S.A. 2A-67A:1 et seq.) shall
apply.
N.
Technical Advisory Committee.
(1)
There is hereby established a Technical Advisory Committee which
shall review new applications for development or informal reviews
referred to it by the Planning Board or the Zoning Board of Adjustment.
The Committee shall consist of the City Engineer, the City Planner/Planning
Consultant, the Fire Inspector, a representative of the Police Department
designated by the Chief of Police, the Zoning Officer, the Chairman
of Economic Development and Planning Committee, the City Administrator
and such other subcode officials or other employees or officials designated
by the governing body. The City Administrator shall chair the Technical
Advisory Committee or, in his absence, such person designated as temporary
Chairman.
(2)
The Technical Advisory Committee shall have the following duties
and responsibilities:
(a)
To acquaint the applicant with the substantive and procedural
requirements of the subdivision and site plan ordinance.
(b)
To provide for an exchange of information regarding the proposed
development plan and applicable elements of the Master Plan, this
chapter and other development requirements.
(c)
To advise the applicant of any public sources of information
that may aid the application.
(d)
To otherwise identify policies and regulations that create opportunities
or pose significant constraints for the proposed development.
(e)
To review any proposed concept plans and consider opportunities
to increase development benefits and mitigate undesirable project
consequences.
(f)
To provide input into the general design of the project.
(3)
The Committee shall advise the applicable Board of its findings and
recommendations prior to the meeting at which the application is to
be considered.
A.
Establishment; composition.
(1)
A Zoning Board of Adjustment is hereby established pursuant to N.J.S.A.
40:55D-69 et seq. consisting of seven (7) residents of the City of
Perth Amboy, and who shall be appointed by the Council of the City
of Perth Amboy to serve four-year terms. The full term of a regular
member shall commence on the first day of July and terminate on the
final day of June four (4) years thereafter.
[Amended 7-2-1996 by Ord.
No. 846-96; Ord. No. 1026-2011 by Ord. No. 1613-2011]
(2)
No member of the Zoning Board of Adjustment may hold any elective
office or position under the municipality.
(3)
A vacancy occurring otherwise than by expiration of term shall be
filled for the unexpired term only.
(4)
No member of the Zoning Board of Adjustment shall be permitted to
act on any matter in which he has, either directly or indirectly,
any personal or financial interest.
B.
Alternate members.
(1)
There shall be two (2) alternate members of the Board of Adjustment
appointed by the Council of the City of Perth Amboy. The alternate
members shall be designated at the time of appointment by the Council
of the City of Perth Amboy as Alternate No. 1 and Alternate No. 2.
The terms of the alternate members shall be for two (2) years. The
full term of an alternate member shall commence on the first day of
January and terminate on the final day of December two (2) years thereafter.
[Amended 7-2-1996 by Ord.
No. 846-96; Ord. No. 10-26-2011 by Ord. No. 1613-2011]
(2)
The alternate members may participate in discussions of the proceedings
but may not vote except in the absence or disqualification of a regular
member. 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.
(3)
No alternate member of the Board of Adjustment shall be permitted
to act on any matter in which he has, either directly or indirectly,
any personal or financial interest.
C.
Removal from office. A member or alternate member may, after a public
hearing if he requests one, be removed by the governing body for cause.
D.
Officers. The Board of Adjustment shall elect a Chairman and Vice
Chairman from its members and shall also select a Secretary, who may
be either a Board member or another municipal employee.
E.
Board of Adjustment Attorney. There is hereby created the position
of Attorney to the Zoning Board of Adjustment, appointed by the Zoning
Board of Adjustment. The Zoning Board of Adjustment shall annually
appoint and fix the compensation of the Zoning Board of Adjustment
Attorney for all legal services, including but not limited to regular
and special meetings of the Board, litigation and such other legal
services as may be deemed necessary by the Board. The Board Attorney
shall be an attorney other than the Municipal Attorney or Planning
Board Attorney. The Board shall not, however, exclusive of gifts or
grants, exceed the amount appropriated by the governing body for its
use.
F.
Expert staff. The Zoning Board of Adjustment may also employ or contract
for a Planning Consultant and his staff and other expert services
as it may deem necessary. The Board shall not authorize expenditures
which exceed, exclusive of all gifts or grants, the amount appropriated
by the governing body for its use.
G.
Rules and regulations. The Board shall adopt bylaws governing its
procedural operation and such rules and regulations as may be necessary
to carry into effect the provisions and purposes of this chapter.
In the issuance of subpoenas, administration of oaths and taking of
testimony, the provisions of the County and Municipal Investigations
Law of 1953 (N.J.S.A. 2A:67A-1 et seq.) shall apply.
H.
Powers of the Zoning Board of Adjustment. The Board of Adjustment
shall have such powers as are granted by law to:
(1)
Hear and decide appeals where it is alleged by the appellant that
there is an error in any order, requirement, decision or refusal made
by an administrative official or agency based on or made in the enforcement
of this chapter.
(2)
Hear and decide requests for interpretation of the Zoning Map or
this chapter or for decisions upon other special questions upon which
such Board is authorized to pass by this chapter.
(3)
Variances.
(a)
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 regulation pursuant to Article III of this chapter would result in peculiar and exceptional practical difficulties to, or exceptional and undue hardship upon, the developer of such property, grant, upon an application or an appeal relating to such property, a variance from such strict application of such regulation so as to relieve such difficulties or hardship.
(b)
Where in an application or appeal relating to a specific piece of property the purposes of this chapter would be advanced by a deviation from this chapter, and the benefits of the deviation would substantially outweigh any detriment, grant a variance to allow departure from regulations pursuant to Article III of this chapter; provided, however, that no variance from those departures enumerated in Subsection H(4) of this section shall be granted under this subsection; 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 Article IV, § 430-25I.
(4)
Grant of variance.
(a)
In particular cases and for special reasons, grant a variance
to allow departure from regulations to permit:
[1]
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 pursuant to Section
54 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-67), pertaining solely to
a conditional use.
[4]
An increase in the permitted floor area ratio as defined in
Section 3.1 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-4).
[5]
An increase in the permitted density as defined in Section 3.1
of P.L. 1975, c. 291 (N.J.S.A. 40:55D-4), 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. A variance under this
subsection shall be granted only by affirmative vote of at least five
(5) members.
(b)
No variance or other relief may be granted under the provisions
of this section unless such variance or other relief can be granted
without substantial detriment to the public good and will not substantially
impair the intent and purpose of the zone plan and this chapter.
(c)
Any application under this section may be referred to any appropriate
person or agency for its report, provided that such reference shall
not extend the period of time within which the Zoning Board of Adjustment
shall act.
I.
Additional powers. In addition, the Zoning Board of Adjustment shall
have the power given by law to:
(1)
Direct issuance of a permit pursuant to N.J.S.A. 40:55D-34 for a
building or structure in the bed of a mapped street or public drainageway,
flood control basin or public area reserved on the Official Map, when
it is satisfied that the parcel or parcels of land cannot yield a
reasonable return to the owner unless a building permit is granted
and the building or structure will increase the cost of opening such
street as little as practicable or will tend to cause a minimum change
of the Official Map. In directing the issuance of said permit, the
Board shall impose reasonable requirements as a condition of granting
the permit so as to promote the health, morals, safety and general
welfare of the public, pursuant to N.J.S.A. 40:55D-76, Subsection
a(1).
(2)
Direct issuance of a permit for a structure without access to a street
where it is satisfied that if the permit is not granted practical
difficulty or unnecessary hardship would result and the circumstances
of the case do not require the building or structure to be related
to a street. The Board may direct the issuance of such a permit subject
to conditions that will provide adequate access for firefighting equipment,
ambulances and other emergency vehicles necessary for the protection
of health and safety and that will protect any future street layout
shown on the Official Map or on a general circulation plan element
of the Municipal Master Plan pursuant to N.J.S.A. 40:55D-76, Subsection
a(2).
(3)
Grant, to the same extent and subject to the same restrictions as
the Planning Board, subdivision or site plan approval pursuant to
N.J.S.A. 40:55D-37 or conditional use approval pursuant to N.J.S.A.
40:55D-67 whenever the Board is reviewing an application for approval
of a use variance pursuant to N.J.S.A. 40:55D-70d.
(4)
The developer may elect to submit a separate application requesting
approval of the variance and a subsequent application for any required
approval of a subdivision, site plan or conditional use. The separate
approval of the variance shall be conditioned upon the grant of all
required subsequent approvals by the Zoning Board of Adjustment, consistent
with N.J.S.A. 40:55D-76.
J.
Appeals and application.
(1)
Appeals to the Board of Adjustment may be taken by any interested
party affected by any decision of an administrative officer of the
municipality based on or made in the enforcement of this chapter or
Official Map. Such appeal shall be taken within twenty (20) days by
filing a notice of appeal with the officer from whom the appeal is
taken specifying the grounds of such appeal. The officer from whom
the appeal is taken shall immediately transmit to the Board all the
papers constituting the record upon which the action appealed was
taken.
(2)
A developer may file an application for development with the Board
of Adjustment for action under any of its powers without prior application
to an administrative officer.
K.
Modification on appeal. The Board of Adjustment may reverse or affirm,
wholly or in part, or may modify the action, order, requirement, decision,
interpretation or determination appealed from and to that end have
all the powers of the administrative officer from whom the appeal
is taken.
L.
Stay of proceedings by appeal. An appeal to the Board of Adjustment
shall stay all proceedings in furtherance of the action in respect
to which the decision appealed from was made unless the officer from
whose action the appeal is taken certifies to the Board of Adjustment,
after the notice of appeal shall have been filed with him, that by
reason of facts stated in the certificate a stay would, in his opinion,
cause imminent peril to life or property. In such case, proceedings
shall not be stayed other than by an order of the Superior Court upon
notice to the officer from whom the appeal is taken and on due cause
shown.
M.
Time for decision. The Board of Adjustment shall render its decision not later than one hundred twenty (120) days after the date an appeal is taken from the decision of an administrative officer or after the submission of a complete application for development to the Board pursuant to the provisions of N.J.S.A. 40:55D-72b, or within such further time as may be consented to by the applicant. Failure of the Board to render a decision within such period shall constitute a decision favorable to the applicant. In the event that the developer submits separate consecutive applications, pursuant to Subsection I(4), the aforesaid time period shall apply to the application for approval of the variance. The period for granting or denying any subsequent approval shall be as otherwise provided in this chapter. Failure of the Board to render a decision within the prescribed period shall constitute a decision favorable to the applicant.
N.
Expiration of variance. Any variance from the terms of this chapter
hereafter granted by the Board of Adjustment permitting the erection
or alteration of any structure or structures or permitting a specified
use of any premises shall expire by limitation within one (1) year
from the date of entry of the judgment or determination of the Board
of Adjustment, unless the applicable construction permits have been
obtained or the permitted use has actually been commenced by that
date; 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 Board of Adjustment to the governing body
or to a court of competent jurisdiction until the termination in any
manner of such appeal or proceeding.
O.
Environmental Commission Review. Whenever the Environmental Commission
has prepared and submitted to the Zoning Board an index of the natural
resources of the municipality, the Zoning Board shall make available
to the Environmental Commission an informational copy of every application
for development to the Zoning Board. Failure of the Zoning Board to
make such an informational copy available to the Environmental Commission
shall not invalidate any hearing or proceeding.
A.
All applications for development shall be filed with the administrative
officer. At the time of filing of the application, the applicant shall
also file the fee, a completed checklist as set forth in the schedule
of forms attached to and made part of this chapter,[1] any request for waiver and any and all maps required by
this chapter. The applicant shall obtain all necessary forms from
the administrative officer.
[1]
Editor's Note: The checklist is on file in the Clerk's office.
B.
Upon receipt of an application for development, the administrative
officer shall forward, within seventy-two (72) hours of receipt, one
(1) copy of the submitted material to the approving board Secretary,
as well as to the Board Engineer, the Board Planner, the Board Attorney,
the Police Department Traffic Safety Bureau, the Fire Code Official
and such other agencies of the municipality as may be designated by
each approving board. It shall remain the responsibility of the applicant
for applications and submission of all required documents to such
other agencies as may have jurisdiction, including any/all county,
regional, state or federal agencies with jurisdiction.
A.
The administrative officer, with input as required from Board professionals,
if all submission requirements have been met, will deem the application
complete and issue a certificate of completeness and forward the application
to the municipal agency for hearing.
B.
An application for development shall be deemed to be properly submitted
unless the administrative officer, with input as required from Board
professionals, determines that it does not fulfill the criteria for
a complete application pursuant to this chapter and the administrative
officer has done the following.
C.
The application shall be deemed complete by operation of statute
within forty-five (45) days of the date of its submission if the municipal
reviewing board, or its authorized committee or designee, does not
certify the application to be incomplete.
D.
The applicant may request relief from one (1) or more of the submission
requirements. The request must be in writing stating the reason therefor.
The reviewing board, or its authorized committee or designee, shall
grant or deny the request within forty-five (45) days of the request.
E.
The administrative officer, with the consent of the appropriate Board
Chairman and/or Secretary, shall assign a hearing date and notify
the applicant of the same within five (5) days of the application
being deemed complete. Notice to the applicant shall be in writing
by regular mail. Upon receipt of a date for hearing, the applicant
shall proceed to give proper notice of the hearing and comply with
all other provisions of this chapter and the Municipal Land Use Law.[2] No hearing date shall be assigned until an application
has been deemed complete.
[2]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
A.
The Board Engineer, the Board Planner, the Police Traffic Safety
Bureau, the Fire Code Official and such other municipal agencies as
may be designated by each approving board shall review applications
for development for site plans, subdivisions and conditional uses
and shall advise the Planning Board and/or the Board of Adjustment
and the applicant of any technical deficiencies, required changes
and/or recommended changes as perceived from their respective areas
of expertise. Copies of revised plans and attachments which correct
all deficiencies, incorporate all required changes and satisfactorily
consider all recommended changes shall be submitted to the administrative
officer for further review as required.
B.
Copies of the individual staff reviews shall be completed and submitted
to the administrative officer seven (7) days in advance of the scheduled
hearing date for each application.
C.
The administrative officer shall distribute one (1) copy of each
staff report received on each application to each approving board
member for their use and review at least seventy-two (72) hours in
advance of the scheduled hearing date of each application.
A.
Meetings of both the Planning Board and Zoning Board of Adjustment
shall be scheduled no less than once a month, and any meeting so scheduled
shall be held as scheduled unless canceled for lack of applications
for development to process. Each Board shall fix the time and place
for holding all meetings.
B.
Special meetings may be provided for at the call of the Chairman
or on the request of any two (2) Board members, which shall be held
on notice to its members and the public in accordance with all applicable
legal requirements.
C.
No action shall be taken at any meeting without a quorum being present.
D.
All actions shall be taken by majority vote of quorum except as otherwise required by any provision of Chapter 291 of the laws of 1975 (see N.J.S.A. 40:55D-1 et seq.).
E.
All regular meetings and all special meetings shall be open to the public. Notice of all such meetings shall be given in accordance with the requirements of the Open Public Meetings Act, Chapter 231 of the Laws of 1975 (see N.J.S.A. 10:4-6 et seq.).
F.
An executive session for the purpose of discussing and studying any
matters to come before either Board shall not be deemed a regular
or special meeting in accordance with the provisions of N.J.S.A. 40:55D-9.
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 therefor. The minutes shall thereafter be made available for public inspection during normal business hours at the office of the City Clerk. Any interested party shall have the right to compel production of the minutes for use as evidence in any legal proceeding concerning the subject matter of such minutes. Such interested party may be charged a reasonable fee as provided in Article VI for reproduction of the minutes for his use as provided for in the rules of the Board.
Fees, forms and any other required documents for applications
or for the rendering of any service by the Planning Board or Zoning
Board of Adjustment or any member of their administrative staffs which
are not otherwise provided for by ordinance may be provided for and
adopted as part of the rules of the Board, and copies of said rules
or of the separate fee and submission schedule shall be made available
to the public.
A.
Required hearings. The Planning Board and Zoning Board of Adjustment
shall hold a hearing on each application for development.
B.
Filing of documents. Any maps and documents for which approval is
sought at a hearing shall be on file and available for public inspection
at least ten (10) days before the date of the hearing during normal
business hours in the office of the administrative officer. The applicant
may produce other documents, records or testimony at the hearing to
substantiate, clarify or supplement the previously filed maps and
documents.
C.
Rules. The Planning Board and Zoning Board of Adjustment may make
rules governing the conduct of hearings before such bodies, which
rules shall be consistent with the provisions of N.J.S.A. 40:55D-1
et seq. or of this chapter.
D.
Oaths. The officer presiding at the hearing or such person as he
may designate shall have the 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,
P.L. 1953, c. 38 (N.J.S.A. 2A:67A-1 et seq.), shall apply.
E.
Testimony. 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 to time and number of witnesses.
F.
Evidence. Technical rules of evidence shall not be applicable to
the hearing, but the Board may exclude irrelevant, immaterial or unduly
repetitious evidence.
G.
Records. Each Board shall provide for the verbatim recording of the proceedings by either stenographer, mechanical or electronic means. The Board shall furnish a transcript or duplicate recording in lieu thereof on request to any interested party at his expense, subject to the requirements as set forth in Article VI.
H.
Requirements for a certified shorthand reporter. A certified shorthand
reporter may be provided by an applicant at his expense for a major
subdivision, major site plan or use variance application before a
municipal agency. The applicant shall provide a certified copy of
the transcript of the proceedings to the municipal agency at his expense.
In the event that an applicant shall provide a certified shorthand
reporter for any other type of application before a municipal agency,
the applicant shall provide a copy of the transcript to the municipal
agency if requested or, in the event of a court case, at his own expense.
I.
Voting eligibility. A member or alternate member of a municipal agency
who was absent for one (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 (1) or
more of the meetings; provided, however, that such Board member or
alternate member has available to him or her the transcripts or recordings
of all of the hearings from which he or she was absent and certifies
in writing to the municipal agency that he or she has read such transcript
or listened to such recording.
A.
Whenever a hearing is required on an application for development
pursuant to N.J.S.A. 40:55D-1 et seq., the applicant shall give notice
thereof as follows:
(1)
Public notice shall be given by publication in the official newspaper
of the municipality at least ten (10) days prior to the date of the
hearing.
(2)
Notice shall be given to the owners of all real property, as shown
on the current tax duplicate or duplicates, located within two hundred
(200) feet in all directions of the property which is the subject
of such hearing and whether located within or without the municipality
in which the applicant's land is located. Such notice shall be given
by serving a copy thereof on the owner as shown on said current tax
duplicate or his agent in charge of the property or by mailing a copy
thereof as shown on said tax duplicate. A return receipt is not required.
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,
a 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 homeowners' association, because of its ownership of common elements
or area located within two hundred (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.
(3)
Notice of all hearings on applications for development involving
property located within two hundred (200) feet of an adjoining municipality
shall be given by personal service or certified mail to the Clerk
of such municipality, which notice shall be in addition to the notice
required to be given to owners of lands in such adjoining municipality
which are located within two hundred (200) feet of the subject premises.
(4)
Notice shall be given by personal service or certified mail to the
Middlesex County Planning Board of a hearing on an application for
development of property adjacent to an existing county road or proposed
road shown on the Official County Map or the Middlesex County Master
Plan, adjoining other county land or situated within two hundred (200)
feet of a municipal boundary.
(5)
Notice shall be given by personal service or certified mail to the
New Jersey Commissioner of Transportation of a hearing on an application
for development of property adjacent to a state highway.
(6)
Notice shall be given by personal service or certified mail to the State Planning Commission of a hearing on an application for development of property which exceeds one hundred and fifty (150) acres or five hundred (500) dwelling units. Such notice shall include a copy of any maps or documents required to be on file with the administrative officer pursuant to Section 6b of Chapter 291 of the Laws of 1975 (see N.J.S.A. 40:55D-10).
B.
All notices hereinabove specified in this section shall be given
at least ten (10) days prior to the date fixed for hearing, and the
applicant shall file an affidavit of proof of service with the approving
board holding the hearing on the application for development.
C.
Any notice made by certified mail as hereinabove required shall be
deemed to be complete upon mailing in accordance with the provisions
of N.J.S.A. 40:55D-14.
D.
Form of notice. All notices required to be given pursuant to the
terms of this chapter shall state the date, time and place of the
hearing the nature of the matters to be considered; and identification
of the property proposed for development by street address and/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 and documents for which approval is sought
are available as required by law.
Pursuant to the provisions of N.J.S.A. 40:55D-12c, the City
Tax Assessor shall, within seven (7) days after receipt of a request
therefor, make and certify a list from the current tax duplicate of
names and addresses of owners to whom the applicant is required to
give notice. A fee not to exceed twenty-five cents ($0.25) per name
or ten dollars ($10), whichever is greater, shall be charged for such
list.
A.
Each decision on any application for development shall be set forth
in writing as a resolution of the Board, which shall include findings
of fact and legal conclusions based thereon and shall be memorialized
by resolution adopted at a meeting held not later than forty-five
(45) days after the date of the meeting at which the reviewing agency
voted to grant or deny approval. Only members of the Board who voted
for the action taken may vote on the memorializing resolution.
B.
Where the agency fails to adopt a resolution, any interested party
may apply to the Superior Court in a summary manner for an order compelling
the agency to reduce its findings and conclusions to writing within
a stated time, and the cost of the application, including attorney's
fees, shall be assessed against the city.
C.
The following shall apply to adoption of the resolution of memorialization:
(1)
The vote on a resolution shall be deemed to be a memorialization
of the action of the municipal agency and not to be the action of
the municipal agency.
(2)
The vote of a majority of those eligible members who are present
at the meeting at which the resolution of memorialization is presented
for adoption shall be sufficient to adopt the resolution of memorialization.
D.
Appeals to Superior Court. Any interested party may appeal to the
Superior Court any final decision of the Planning Board/Board of Adjustment
approving/denying an application for development pursuant to N.J.S.A.
40:55D-1 et seq. Such appeal shall be made within ten (10) days of
the date of publication of such final decision in accordance with
the provision of N.J.S.A. 40:55D-17.
E.
Time for decision. After the date an appeal is taken from the decision
of an administrative officer or the submission of a complete application
for development to the administrative officer, the approving authority
shall render its decision within the maximum number of days as specified
below or within such further time as may be consented to by the applicant.
Where more than one (1) type of application is involved, the longer
time period shall apply.
|
Type of Application
|
Time Period
(days)
|
|---|---|
|
Site plans, minor
|
45
|
|
Preliminary approval
| |
|
10 acres or less or 10 units or less
|
45
|
|
More than 10 acres or 10 units
|
95
|
|
Final approval
|
45
|
|
Subdivisions, minor
|
45
|
|
Preliminary approval
| |
|
10 lots or less
|
45
|
|
More than 10 lots
|
95
|
|
Final approval
|
45
|
|
Conditional use authorization
|
95
|
|
Variance
|
120
|
|
Appeal from the decision of a municipal officer
|
120
|
|
Direction for issuance of a building permit
|
120
|
A.
In the event that a developer submits an application for development
proposing a development that is barred or prevented, directly or indirectly,
by legal action instituted by any state agency, political subdivision
or other party to protect the public health and welfare or by a directive
or order issued by any state agency, political subdivision or court
of competent jurisdiction to protect the public health and welfare,
the approving board shall process such application for development
in accordance with the provisions of N.J.S.A. 40:55D-1 et seq. and
this chapter, and if such application for development complies with
the provision of this chapter, the approving board shall approve such
application conditioned on removal of such legal barrier to development.
B.
In the event that development proposed by an application for development
requires an approval of a governmental agency other than the approving
board, the approving board shall, in appropriate instances, condition
its approval upon the subsequent approval of such governmental agency,
provided that the approving board shall make a decision on any application
for development within the time period provided in this chapter and
N.J.S.A. 40:55D-1 et seq. or within an extension of such period as
has been agreed to by the applicant, unless the approving board is
prevented or relieved from so acting by the operation of law.
C.
Whenever review or approval of the application by the County Planning
Board is required by N.J.S.A. 40:27-6.3, in the case of subdivision,
or N.J.S.A. 40:27-6.6, in the case of a site plan, the approving board
shall condition any approval that it grants upon timely receipt of
a favorable report on the application by the County Planning Board
or approval by the County Planning Board by its failure to report
thereon within the required time period.
D.
The approving board may impose such other conditions as it deems
appropriate.
E.
In all cases, the approving board may include a condition of approval
setting forth the time within which all conditions of approval must
be satisfied by the applicant. Failure of the applicant to meet all
conditions of approval within the time specified or within such extensions
thereof as the approving board may, from time to time, grant upon
request of the applicant shall render any approvals null and void.
In the event that, during the period of approval hereafter granted
to an application for development, the developer is barred or prevented,
directly or indirection, from proceeding with the development otherwise
permitted under such approval by a legal action instituted by any
state agency, political subdivision or other party to protect the
public health and welfare or by a directive or order issued by any
state agency, political subdivision or court of competent jurisdiction
to protect the public health or welfare and the developer is otherwise
ready, willing and able to proceed with said development, the running
of the period of approval shall be suspended for the period of time
said legal action is pending or such directive or order is in effect.
A.
New uses.
(1)
No building, structure or land shall be occupied or used until such
time as a certificate of occupancy is issued by the Building Inspector.
Such certificate shall be issued upon application by the owner, prospective
occupant or purchaser only after the Building Inspector determines
that the facts represented on the application are correct and that
the building, structure or use is in conformance with the provisions
of this chapter, the Building Code[1] and other codes and ordinances affecting construction
and occupancy.
[Amended 9-21-2005 by Ord. No. 1304-2005]
(2)
A temporary certificate of occupancy may be issued for any structure
or use for which site plan approval has been secured but not all conditions
of approval have been complied with. The Planning Board shall approve
the issuance of terms of any temporary certificate of occupancy.
B.
Existing uses.
(1)
Existing at time of passage of chapter. Upon written request from
the owner, tenant, occupant or purchaser under contract, the Building
Inspector, after inspection, shall issue an occupancy permit for a
use legally existing at the time of passage of this chapter certifying
the extent and kind of use and whether any such existing use conforms
to the provisions of this chapter.
(2)
Nonconforming uses or structures. No change or extension of use and
no alterations shall be made in a nonconforming structure, use or
premises which requires a variance without an occupancy permit having
first been issued by the Zoning Officer or his designee, stating that
such change, extension or alteration is in conformity with the provisions
of this chapter or that the same has been permitted by the action
of the appropriate Board.
[Amended 9-21-2005 by Ord. No. 1304-2005]
C.
Change of use.
(1)
Whenever there occurs a change in the use of a building, structure
or land, a new occupancy permit shall be applied for to ensure compliance
with all applicable codes and ordinances.
(2)
For the purpose of this section, "change in use" shall be broadly
construed and shall, for example, include substitution of one (1)
type of retail trade use for another and of a particular industrial
manufacturing use for another. A certificate of occupancy shall be
obtained for each and every change of commercial or industrial occupancy.
The Building Inspector may issue such certificate if he determines
that the requirements of this chapter and of any other applicable
federal, state, county or municipal rules, laws or regulations concerning
the proposed occupancy do not differ from those of the previous occupancy.
D.
Scope certificate of occupancy. The certificate of occupancy shall
contain sufficient information as to the extent and kind of use or
uses such that any future investigation of the premises would disclose
the extent to which a use is altered. It shall also indicate whether
such use is a permitted or nonconforming use and the extent to which
the use does not conform to the provisions of this chapter.
E.
Improvement requirement. No certificate of occupancy shall be issued
for any use or building involving the installation of utilities or
street improvements, parking areas, buffer areas, storm drainage facilities
or the alteration of the existing grade on a lot unless the Municipal
Engineer shall have certified, where applicable, that all utilities
and drainage, grading of streets, sidewalks, curbing, parking areas,
streets, buffer areas, grading of lots, public water supply, street
signs, traffic control services, etc., affecting the proposed lot,
building or use and required under the terms of site plan approval
or tentative approval of a preliminary plat or by federal, state,
county or municipal rules, regulations or laws shall have been installed.
It shall be the duty of the Building Inspector to keep a record
of all applications for building permits, a record of all permits
issued and a record of all certificates of occupancy which he countersigns,
together with a notation of all special conditions involved. He shall
file and safely keep copies of all plans submitted, and the same shall
form a part of the records of his office and shall be available for
use by the officials of the municipality. The Building Inspector shall
prepare a monthly report for the Municipal Council summarizing for
the period since the last report all zoning permits and certificates
countersigned by him and all complaints of violations and the action
taken by him consequent thereon. A copy of such report shall be filed
with the Municipal Tax Assessor at the same time it is filed with
the Municipal Council.
In all zones, for any proposed use, subdivision, site development
or construction other than an exempt development, site plan and/or
subdivision approval shall be required prior to:
A.
Subdivision of land.
B.
Issuance of a development permit or a building permit.
C.
Commencement of any regulated use or activity which includes:
(1)
The erection, construction, alteration, repair, remodeling, conversion,
removal or destruction of any building or structures.
(2)
The subdivision or resubdivision of any land.
(3)
Any activity which entails the construction of any improvements or
the alteration of the natural condition of any land.
(4)
Installation of aboveground or underground utilities.
If approval is granted conditioned upon the subsequent approval of another government agency and such government agency requires revisions in the plat which alter the layout and/or design standards approved by the Planning Board or Board of Adjustment to an extent that the Board determines that the basis upon which the approval was granted has been changed, the applicant shall be required to receive revised approval from the Planning Board or Board of Adjustment and pay the fees for such revised approval set forth in Article VI.
In acting upon an application for development for a use variance,
a subdivision or a site plan, the Planning Board and/or Board of Adjustment
shall consider whether the submittal complies with the following standards
and regulations:
A.
The proposed use is consistent with the Master Plan.
B.
The plat submission contains all of the information and data required
by this chapter.
C.
Adequate provision has been made for the details and improvement
standards of this chapter.
D.
Adequate provision has been made for safe and convenient vehicular
traffic access, circulation and parking.
E.
Adequate provision has been made for safe and convenient pedestrian
circulation.
F.
Ingress and egress for the site will not unduly impede or obstruct
the flow of traffic on public streets.
G.
Adequate provision has been made for the collection and disposal
of stormwater runoff, and the proposed drainage facilities have been
approved by the Municipal Engineer.
H.
Adequate provision has been made to screen adjoining residential
properties from any adverse effects that might result from outdoor
lighting, buildings, parking areas, loading areas, refuse storage
areas, recreation areas, equipment areas, bulk storage areas or similar
utilities or structures located on the site.
I.
Adequate provision has been made for compliance with the performance
standards of this chapter.
J.
Adequate provision has been made to provide structures and uses of
a quality and design which will not produce adverse effects on existing
developments in the surrounding area or future uses designated for
the surrounding area in the Master Plan.
K.
The proposed development is compatible with adjacent and nearby parcels
of land.
L.
The proposed development is compatible with environmental conditions
and/or conditions of the site and nearby parcels of land.
At the request of the developer, the approving board shall grant an informal review of a concept plan for a development, which the developer intends to prepare and submit as an application for development. The developer shall submit any fees required in Article VI for such an informal review. The developer shall not be bound by any concept plan for which review is requested, and the approving board shall not be bound by any such review. Such review shall be limited to planning concepts, and no written reaction to the review shall normally be provided by the board.
Approvals of all applications for development shall not be valid
until all the following have taken place:
A.
The Municipal Engineer shall certify that all conditions of approval
have been satisfied.
B.
In the case of applications for development for site plans and subdivisions,
the applicant shall submit a reproducible original of the plat for
the signature of the Chairman and Secretary of the Planning Board
or Board of Adjustment and Municipal Engineer as required herein.
C.
The applicant shall provide six (6) copies of the plat and attachments.
After the signature, the administrative officer shall have the original
and all copies signed and shall return the reproducible original of
the plat and attachments to the applicant within ten (10) days of
signature. One (1) copy shall be retained in the files of the administrative
officer, two (2) copies shall be retained in the files of the Municipal
Engineer, one (1) copy shall be retained in the files of the Construction
Official and one (1) copy provided to the applicant.
D.
After signature and reproduction, the administrative officer shall
return the reproducible original of the plat and attachments to the
applicant within ten (10) days.
E.
For all applications for development that receive minor or final
plat approval, the administrative officer shall issue a development
permit within thirty (30) days after the plat has been signed. The
date of the development permit shall be the date upon which the approval
of applications for development related to preliminary plats becomes
valid or shall be the date on which the plat is signed by the Chairman
and Secretary of the Planning Board or Board of Adjustment. However,
the period of time for which certain rights are conferred upon the
applicant shall commence on the date which the Planning Board or Board
of Adjustment granted the approval.
A.
Required documents. Prior to issuance of a certificate of completeness,
the administrative officer shall determine that the following have
been submitted in proper form. The administrative officer may schedule
a variance for public hearing upon submission of the following items:
B.
Conditions of approval. Any approval of an application for development
for a variance granted by the municipal agency shall be subject to
the following conditions being satisfied prior to the issuance of
a development permit:
(1)
Payment of any outstanding real estate taxes and property improvement
assessments.
(2)
Publication of a notice of the decision by the Planning Board Secretary
or Board of Adjustment Secretary within the time established.
(3)
Such other conditions which may be imposed by the municipal agency
or which may be required by federal, state or local law.
(4)
A condition setting forth the time within which all conditions must
be satisfied.
Upon receipt by the administrative officer, the reviewing board
or its designee may, upon specific written request of an applicant,
consider and approve or deny requests for waiver of submission requirements
set forth in this Article. All such requests by an applicant shall
cite the specific requirement by section number and shall state the
specific reason for the request for waiver. An application which meets
all submission and detail requirements will be considered complete.
If a request for waiver is denied, the applicant must provide the
required submissions. Such detailed submissions will be reviewed as
provided for new applications, and all time limits will recommence
as for new applications.
