[Ord. No. 23-76, A1, S1; Ord. No. 13-83, S1]
There is hereby established pursuant to C. 40: 55D-1 et seq.
in the borough a planning board of nine members consisting of the
following four classes:
Class I - The mayor.
Class II - One of the officials of the borough other than a
member of the borough council to be appointed by the mayor.
Class III - A member of the borough council to be appointed
by it.
Class IV - Six other citizens of the borough to be appointed
by the mayor. The members of Class IV shall hold no other borough
office, except that one member may be a member of the zoning board
of adjustment and one may be a member of the board of education.
Alternate members. Two other citizens of the municipality to
be appointed by the mayor. Alternate members shall hold no other municipal
office, and shall meet the qualifications of Class IV members of the
planning board. 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 the regular member may vote instead of an alternate member. In
the event that a choice must be made to which an alternate member
is to vote, Alternate Number One shall vote.
[Ord. No. 23-76, A1, S2; Ord. No. 13-83, S2]
The term of the member composing Class I shall correspond with
his official tenure. The terms of the members composing Class II and
Class III shall be for one year or terminate at the completion of
their respective terms of office, whichever occurs first.
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 occurs first.
The terms of all Class IV members first appointed pursuant to
this ordinance shall be so determined that to the greatest practicable
extent the expiration of such term shall be evenly distributed over
the first four years after their appointment as determined by resolution
of the borough council, provided however that no term of any member
shall exceed four years and further provided that nothing herein shall
affect the term of any present member of the planning board, all of
whom shall continue in office until the completion of the term for
which they were appointed. Thereafter all Class IV members shall be
appointed for terms of four years except as otherwise herein provided.
All terms shall run from January 1 of the year in which the appointment
was made.
Alternate members shall be designated at the time of appointment
by the mayor as "Alternate Number One" and "Alternate Number Two."
The terms of the alternate members shall be for two years, except
that the terms of the alternate members shall be such that the term
of not more than one alternate member shall expire in any one year;
provided, however, that in no instance shall the terms of the alternate
members first appointed exceed two years.
[Ord. No. 23-76, A1, S3]
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.
[Ord. No. 23-76, A1, S4]
The planning board shall elect a chairman and vice chairman
from the members of Class IV and select a secretary who may be either
a member of the planning board or a borough employee designated by
it.
[Ord. No. 23-76, A1, S5]
There is hereby created the office of planning board attorney.
The planning board may annually appoint, fix the compensation of or
agree upon the rate of compensation of the planning board attorney
who shall be an attorney other than the borough attorney.
[Ord. No. 23-76, A1, S6]
The planning board may also employ or contract for the services
of experts and other staff and services as it may deem necessary.
The board shall not however exceed, exclusive of gifts or grants,
the amount appropriated by the borough council for its use.
[Ord. No. 23-76, A1, S7]
The planning board is authorized to adopt bylaws governing its
procedural operation. It shall also have the following powers and
duties:
a.
To make, adopt and amend a master plan for the physical development
of the borough.
b.
To administer the provisions of the land subdivision ordinance and
site plan review ordinance of the borough in accordance with the provisions
of the ordinances and the Municipal Land Use Law, C. 291, C. 40: 55D-1
et seq.
c.
To participate in the preparation and review of programs or plans
required by State or Federal law or regulations.
d.
To assemble data on a continuing basis as part of a continuous planning
process.
e.
To annually prepare a program of borough capital improvement projects
projected over a term of six years, and amendments thereto, and recommend
same to the borough council.
f.
To consider and make report to the borough council within 35 days
after referral as to any proposed development regulation submitted
to it pursuant to the provisions of C. 40: 55D-26a, and also pass
upon other matters specifically referred to the planning board by
the borough council, pursuant to the provisions of C. 40: 55D-26b.
g.
When reviewing applications for approval of subdivision plats, site
plans, or conditional uses, to grant to the same extent and subject
to the same restrictions as the zoning board of adjustment.
1.
Variances pursuant to Subsection 57c of C. 291 Laws of N.J. 1975
from lot area, lot dimensional setback and yard requirements; provided
that such relief from lot area requirements shall not be granted for
more than one lot.
|
Whenever relief is requested pursuant to this subsection, notice
of a hearing on the application for development shall include reference
to the request for a variance or direction for issuance of a permit
as the case may be.
|
h.
To perform such other advisory duties as are assigned to it by ordinance
or resolution of the borough council for the aid and assistance of
the borough council or other agencies or officers.
[Ord. No. 23-76, A1, S8]
a.
Minor subdivisions. Minor subdivision approvals shall be granted
or denied within 45 days of the date of submission of a complete application
to the planning board or within such further time as may be consented
to by the applicant. Approval of a minor subdivision shall expire
190 days from the date of the planning board approval unless within
such period a plat in conformity with such approval and the provisions
of the "Map Filing Law" or a deed clearly describing the approved
minor subdivision, is filed by the developer with the county recording
officer, the borough engineer and borough tax assessor. Any such plat
or deed must be signed by the chairman and secretary of the planning
board before it will be accepted for filing by the county recording
officer.
b.
Preliminary approval major subdivisions. Upon sub-mission of a complete
application for a subdivision of ten or fewer lots, the planning board
shall grant or deny preliminary approval within 45 days of the date
of such submission or within such further time as may be consented
to by the developer. Upon submission of a complete application for
a subdivision of more than ten lots the planning board shall grant
or deny preliminary approval within 95 days of the date of such submission
or within such further time as may be consented to by the developer.
Otherwise the planning board shall be deemed to have granted preliminary
approval for the subdivision.
c.
Ancillary powers. Whenever the planning board is called upon to exercise its ancillary powers before the granting of a variance as set forth in subsection 19-1.7g the planning board shall grant or deny approval of the application within 95 days after submission by the developer of a complete application or within such further time as may be consented to by the applicant. Failure of the planning board to act within the period prescribed shall constitute approval of the application and a certificate of the administrative officer as to the failure of the planning board to act shall be issued on request of the applicant.
d.
Final approval. Application for final subdivision approval shall
be granted or denied within 45 days of submission of a complete application
or within such further time as may be consented to by the applicant.
Final approval of a major subdivision shall expire 95 days from the
date of signing of the plat unless within such period the plat shall
have been duly filed by the developer with the county recording officer.
The planning board may, for good cause shown, extend the period for
recording for an additional period not to exceed 190 days from the
date of signing of the plat.
[Ord. No. 23-76, A1, S9]
Applications for development within the jurisdiction of the
planning board pursuant to the provisions of C. 291, P.L. 1975 shall
be filed with the secretary of the planning board. Applicant shall
file at least 14 days before the date of the monthly meeting of the
board three copies of a sketch plat; three copies of applications
for minor subdivision approval; three copies of an application for
major subdivision approval or three copies of an application for site
plan review, conditional use approval, or planned development. At
the time of filing the application but in no event less than ten days
prior to the date set for hearing, the applicant shall also file all
plot plans, maps or other papers required by virtue of any provision
of this chapter or any rule of the planning board. The applicant shall
obtain all necessary forms from the secretary of the planning board.
The secretary of the board shall inform the applicant of the steps
to be taken to initiate applications and of the regular meeting dates
of the board.
[Ord. No. 23-76, A1, S10]
The mayor may appoint one or more persons as a citizens advisory
committee to assist or collaborate with the planning board in its
duties, but such person or persons shall have no power to vote or
take other action required of the board. Such person or persons shall
serve at the pleasure of the mayor.
[Ord. No. 23-76, A1, S11]
The board shall adopt such rules and regulations as may be necessary
to carry into effect the provisions and purposes of this chapter.
In the issuance of subpoenas, administration of oaths and taking of
testimony, the provisions of the County and Municipal Investigations
Law of 1953 (N.J.S. 2A:67A-1 et seq.) shall apply.
[Ord. No. 23-76, A2, S1; Ord. No. 13-83, S3]
a.
A zoning board of adjustment is hereby established pursuant to N.J.S.A.
40: 55D-69, as amended, consisting of seven regular members and two
alternate members, all of whom shall be residents of the Borough of
Cliffside Park, appointed by the mayor. Regular members shall be appointed
for a period of four years from January 1 of the year of their appointment;
provided, however, that the terms of the members first appointed shall
be so determined that to the greatest practicable extent the expiration
of such terms shall be distributed evenly over the first four years
after their appointment, and provided further that the initial term
of each regular member shall not exceed four years. Alternate members
shall be appointed for terms of two years; provided, however, that
the term of the member first appointed shall be for a period of one
year, and thereafter each alternate member for each successive term
shall be appointed for a period of two years.
b.
Alternate members shall be designated at the time of appointment
by the mayor as 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 the
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 Number One shall vote.
c.
No member of the zoning board of adjustment may hold any elective
office or position in the municipality.
d.
A vacancy occurring otherwise than by expiration of term shall be
filled for the unexpired term only.
[Ord. No. 23-76, A2, S2]
The board of adjustment shall elect a chairman and vice chairman
from its members and shall also select a secretary who may be a board
member or another borough employee.
[Ord. No. 23-76, A2, S3]
There is here by created the office of attorney to the zoning
board of adjustment. The zoning board of adjustment may annually appoint,
fix the compensation of or agree upon the rate of compensation of
the zoning board of adjustment attorney who shall be an attorney other
than the borough attorney.
[Ord. No. 23-76, A2, S4]
The zoning board of adjustment may also employ or contract for
and fix the compensation of such experts and other staff and services
as it may deem necessary. The board shall not authorize expenditures
which exceed, exclusive of gifts and grants, the amount appropriated
by the borough council for its use.
[Ord. No. 23-76, A2, S5]
The board shall adopt such rules and regulations as may be necessary
to carry into effect the provisions and purposes of this chapter.
In the issuance of subpoenas, administration of oaths, and taking
of testimony, the provisions of the County and Municipal Investigations
Law of 1953 (N.J.S.A. 2A:67A-1 et seq.) shall apply.
[Ord. No. 23-76, A2, S6]
a.
The powers of the zoning board of adjustment shall be in accordance
with R.S. 40:55D-69 et seq. and amendments and supplements thereto,
and with the provisions of this chapter.
b.
It is further the intent of this chapter to confer upon the zoning
board of adjustment as full and complete powers as may lawfully be
conferred upon such board, including not by way of limitation, the
authority, in connection with any case, action or proceeding before
the board, to interpret and construe the provisions of this ordinance,
or any term, clause, sentence or word hereof, and the zoning map,
in accordance with the general rules of construction, applicable to
the legislative enactments.
c.
The board may, in appropriate cases and subject to appropriate conditions
and safeguards, grant variances from the terms of this chapter in
accordance with the general or specific rules contained herein, and
with the general rules hereby laid down that equity shall be done
in cases where the strict construction of the provisions of this chapter
would work undue hardship. The powers and duties of the board having
been delegated to and imposed upon it by statute, the board shall
in all cases follow the provisions applicable to it in C. 291, P.L.
1975, or subsequent statutes in such case made and provided, and it
shall from time to time furnish to any person requesting the same
a copy of its rules and information as to how appeals or applications
may properly be filed with the board for its decision thereon.
[Ord. No. 23-76, A2, S7]
a.
Appeals to the board of adjustment may be taken by any person aggrieved,
or by an officer, department, board or bureau of the borough affected
by any decision of the administrative officer. Each appeal shall be
taken within the 65 days prescribed by the statute by filing a notice
of appeal with the officer from whom the appeal was taken, together
with three copies of the notice with the secretary of the board of
adjustment. The notice of appeal shall specify the grounds for the
appeal. The officer from whom the appeal is taken shall forthwith
transmit to the board all the papers constituting the record upon
which the action appealed from was taken.
b.
Applications addressed to the original jurisdiction of the board
of adjustment without prior application to the administrative officer
shall be filed with the secretary of the zoning board of adjustment.
Three copies of the application shall be filed. At the time of filing
the appeal or application, but in no event less than ten days prior
to the date set for hearing, the applicant shall also file all plot
plans, maps, or other papers required by virtue of any provision of
this chapter or any rule of the board of adjustment. The applicant
shall obtain all necessary forms from the secretary of the zoning
board of adjustment. The secretary of the board shall inform the applicant
of the steps to be taken to initiate proceedings and of the regular
meeting dates of the board.
c.
An appeal stays all proceedings in furtherance of the action in respect
of which the decision appealed from was made, unless the officer from
whom 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 cases, proceedings shall
not be stayed otherwise than by a restraining order which may be granted
by the board of adjustment or by the Superior Court of New Jersey
on application or notice to the officer from whom the appeal is taken
and on due cause shown.
[Ord. No. 23-76, A2, S8]
In exercising the above mentioned power, the board of adjustment
may, in conformity with the provisions of C. 291, P.L. 1975 or amendments
thereto or subsequent statutes applying, reverse or affirm wholly
or partly or may modify the order, requirement, decision, or determination
appealed from, and make such other requirement, decision or determination
as ought to be made, and to that end have all the powers of the administrative
officer from whom the appeal was taken.
[Ord. No. 23-76, A2, S9]
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 unless such construction or alteration
shall have been actually commenced on each and every structure permitted
by the variance, or unless such permitted use has actually been commenced
within one year from the date of entry of the judgment or determination
of the board of adjustment; 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 borough council, or to a court of competent jurisdiction, the
termination in any manner of such appeal or proceeding.
[Ord. No. 23-76, A2, S10]
The board of adjustment shall have such powers as are granted
by law to:
a.
Hear and decide appeals where it is alleged by the appellant that
there is error in any order, requirement, decision of refusal made
by an administrative official or agency based on or made in the enforcement
of the zoning ordinance.
b.
Hear and decide requests for interpretation of the map or zoning
ordinance, or for decisions upon other special questions upon which
such board is authorized by the zoning ordinance to pass.
c.
Where by reason of exceptional narrowness, shallowness, or shape
of a specific piece of property, or by reason of exceptional topographic
conditions, or by reason of other extraordinary and exceptional situation
or condition of such piece of property, the strict application of
any regulation in the zoning ordinance would result in peculiar and
exceptional practical difficulties to, or exceptional and undue hardship
upon the owner of such property, to grant upon an application or an
appeal relating to such property, a variance from such strict application,
so as to relieve such difficulties or hardship, provided, however
that no variance shall be granted under this paragraph to allow a
structure or use in a district restricted against such structure or
use; and further provided that the proposed development does not require
approval by the planning board of a subdivision, site plan or conditional
use in conjunction with which the planning board shall review a request
for a variance pursuant to the Subsection 47a of the Municipal Land
Use Law of 1975, C. 291,P.L. 1975.
d.
Grant a variance to allow a structure or use in a district restricted
against such structure or use in particular cases and for special
reasons, but only by the affirmative vote of at least two-thirds of
the full authorized membership of the board.
e.
No variance or other relief may be granted under the provisions of
this subsection unless such variance or other relief can be granted
without substantial detriment to the public good and will not substantially
impair the intent and purpose of the zone plan and zoning ordinance.
Any application under this subsection may be referred to any appropriate
person or agency, including the planning board, for its report provided
that such reference shall not extend the period of time within which
the zoning board of adjustment shall act.
[Ord. No. 23-76, A2, S11]
The zoning board of adjustment shall in addition to the powers
specified in subsection 14-2.10 have power given by law to:
a.
Direct issuance of a permit pursuant to C. 40: 55D-34 for a building
or structure in the bed of a mapped street or public drainage-way,
flood control basin or public area reserved on the official map.
b.
Direct issuance of a permit pursuant to C. 40: 55D-36 for a building
or structure not related to a street.
|
The board of adjustment shall have the power to grant to the
same extent and subject to the same restrictions as the planning board
subdivision or site plan approval pursuant to Article 6 of C. 291,
P.L. 1975, or conditional use approval pursuant to C. 40: 55D-67 whenever
the board is reviewing an application for approval of a use variance
pursuant to subsection 14-2.10d.
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[Ord. No. 23-76, A2, S12]
The board of adjustment shall render its decision not later
than 120 days after the date (a) an appeal is taken from the decision
of an administrative officer, or (b) the submission of a complete
application for development to the board pursuant to the provisions
of C. 40:55D-70b.
Failure of the board to render a decision within such 120 day
period or within such further time as may be consented to by applicant
shall constitute a decision favorable to the applicant.
[Ord. No. 23-76, A3, S1]
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.
[Ord. No. 23-76, A3, S2]
a.
Meetings of both the planning board and zoning board of adjustment
shall be scheduled no less often than once a month and any meeting
so scheduled shall be held as scheduled unless cancelled for lack
of applications for development to process.
b.
Special meetings may be provided for at the call of the chairman
or on the request of any two board members, which shall be held on
notice to 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 a quorum except as
otherwise required by any provision of C. 291 Laws of N.J. 1975.
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 Law, C. 231, Laws of
N.J. 1975. 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
C. 40: 55D-9.
[Ord. No. 23-76, A3, S3]
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 borough clerk. Any
interested party shall have the right to compel production of the
minutes for use as evidence in any legal proceeding concerning the
subject matter of such minutes. Such interested party may be charged
a fee for reproduction of minutes for his use as provided for in the
rules of the board.
[Ord. No. 23-76, A3, S4]
Fees 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 is not otherwise provided by ordinance
may be provided for and adopted as part of the rules of the board
and copies of the rules of the separate fee schedule shall be available
to the public.
[Ord. No. 23-76, A3, S5]
a.
Rules. The planning board and zoning board of adjustment shall make
rules governing the conduct of hearings before such bodies which rules
shall not be inconsistent with the provisions of C. 40: 55D-1 et seq.
or of this chapter.
b.
Oaths. The officer presiding at the hearing or such person as he
may designate 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,
P.L. 1953, C. 1938 (C. 2A: 67A-1 et seq.) shall apply.
c.
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 as to time and number of witnesses.
d.
Evidence. Technical rules of evidence shall not be applicable to
the hearing, but the board may exclude irrelevant, immaterial or unduly
repetitious evidence.
e.
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.
[Ord. No. 9-77]
Notice of a hearing requiring public notice pursuant to C. 40:
55D-1 et seq. shall be given to the owners of all real property as
shown on the current tax duplicate, located within 200 feet in all
directions of the property which is the subject of such hearing. Notice
shall be given by:
a.
Serving a copy thereof on the property owner as shown on the current
tax duplicate, or his agent in charge of the property.
b.
Mailing a copy thereof, by certified mail, to the property owner
at his address as shown on the current tax duplicate.
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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.
|
[Ord. No. 23-76, A3, S7]
Pursuant to the provisions of C. 40: 55D-12c, the borough clerk shall within seven days after receipt of a request therefor and upon receipt of payment of a fee of ten ($10.00) dollars 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 pursuant to subsection 19-3.6b.
[Ord. No. 23-76, A3, S8]
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.
b.
A copy of the decision shall be mailed by the board within ten days
of the date of decision to the applicant, or if represented, then
to his attorney, without separate charge. A copy of the decision shall
also be mailed to all persons who have requested it and who have paid
the fee prescribed by the board for such service. A copy of the decision
shall also be filed in the office of the borough clerk, who shall
make a copy of such filed decision available to any interested party
upon payment of a fee calculated in the same manner as those established
for copies of other public documents in the borough.
[Ord. No. 9-77]
A brief notice of the decision shall be published in the official
newspaper of the borough, if there be one, or any newspaper of general
circulation in the borough. Such publication shall be arranged by
the applicant unless a particular borough officer is so designated
by ordinance; providing that noting contained in this act shall be
construed from preventing the applicant from arranging such publication
if he so desires. The borough may make a reasonable charge for its
publication. The period of time in which an appeal of the decision
may be made shall run from the first publication of the decision,
whether arranged by the borough or the applicant.
[Ord. No. 23-76, A3, S10]
Pursuant to the provisions of C. 40:55D-39 and C. 40:55D-65,
every application for development submitted to the planning board
or the zoning board of adjustment shall be accompanied by proof that
no taxes or assessments for local improvements are due or delinquent
on the property which is the subject of such application; or, if it
is shown that taxes or assessments are delinquent on the property,
any approvals or other relief granted by either board shall be conditioned
upon either the prompt payment of such taxes or assessments or the
making of adequate provision for the payment thereof in such manner
that the borough will be adequately protected.
[Repealed by Ord. No. 17-89, S15.3]
[Ord. No. 23-76, A5, S1]
Whenever a term is used in this chapter which is defined in
C. 291 Laws of 1975, such term is intended to have the meaning set
forth in the definition of such term found in the statute, unless
a contrary intention is clearly expressed from the context of this
chapter.
[Ord. No. 23-76, A5, S2]
All sections of the land subdivision ordinance, zoning ordinance,
or any other ordinance of the borough which contains provisions contrary
to the provisions of this chapter shall be and are hereby (to the
extent of such inconsistency) repealed.
[Ord. No. 23-76, A5, S3]
Pursuant to the provisions of C. 291, Laws of N.J. 1975, Section
81, the substantive provisions of the existing land subdivision ordinance,
zoning ordinance and related ordinances of the borough and the development
regulations set forth therein shall continue in full force and effect
and shall be read in para materia with this chapter.
[Ord. No. 23-76, A5, S4]
All applications for development filed prior to December 21, 1976 may be continued, but any appeals arising out of decisions made on any such application shall be governed by the provisions of section 19-4.
[Ord. No. 23-76, A5, S5]
This chapter shall be known and may be cited as "The Land Use
Procedures Ordinance of the Borough of Cliffside Park.
[Ord. No. 23-76, A5, S7]
Immediately upon adoption of this chapter the borough clerk
shall file a copy of this chapter with the county planning board as
required by law. The clerk shall also file with the county planning
board copies of all other ordinances of the borough relating to land
use, such as the subdivision, zoning and site plan review ordinances.
