[Ord. No. 77:1; amended 8-23-2021 by Ord. No. 2021:14]
Pursuant to the provisions of Chapter 291 of the Laws of New
Jersey 1975, Section 80b, the Planning Board as heretofore established
is hereby continued.
[Ord. No. 77:1; Ord. No. 85:1 § 4; amended 8-23-2021 by Ord. No. 2021:14]
a.
Classes of membership. The membership shall consist of, for convenience
of designating the manner of appointment, the four following 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
if there is an Environmental Commission, the member of the Environmental
Commission who is also a member of the Planning Board as required
by Section 1 of P.L. 1968, c. 245 (N.J.S.A. 40:56A-1), shall be deemed
to be the Class II Planning Board member for purposes of this chapter
in the event that there are, among the Class IV members of the Planning
Board, both a member of the Zoning Board of Adjustment and a member
of the Board of Education.
3.
Class III: a member of the governing body to be appointed by it.
4.
Class IV: six citizens of the municipality, to be appointed by the
Mayor. The members of Class IV shall hold no other municipal office,
except that one such member may be a member of the Environmental Commission,
one Class IV member may be a member of the Zoning Board of Adjustment,
and one Class IV member may be a member of the Board of Education.
b.
Terms of office. The term of the member composing Class I shall correspond
to the Mayor's official tenure or, if the member is the Mayor's designee
in the absence of the Mayor, the designee shall serve at the pleasure
of the Mayor during the Mayor's official tenure. 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, 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
three years or terminate at the completion of their term of office
as a member of the Environmental Commission, whichever comes first.
The term of a Class IV member who is also a member of the Board of
Adjustment or Board of Education shall terminate whenever the Class
IV member is no longer a member of such other body or at the completion
of their Class IV term, whichever occurs first. The terms of all Class
IV members shall be four years. If a vacancy in any class shall occur
otherwise than by expiration of the Planning Board term, it shall
be filled by appointment, as above provided, for the unexpired term.
No member of the Planning Board shall be permitted to act on any matter
in which the member has, either directly or indirectly, any personal
or financial interest. Any member other than a Class I member, after
a public hearing if the member requests one, may be removed by the
governing body for cause. For purposes of this subsection unexcused
absence by a regular or alternate member from four consecutive meetings
of the Planning Board shall be deemed to be a just cause for removal.
c.
Vote of member after absence. When any hearing before a Planning
Board shall carry over two or more meetings, a member of the Board
who was absent for one or more of the meetings shall be eligible to
vote on the matter upon which the hearing was conducted, notwithstanding
their absence from one or more of the meetings; provided, however,
that such Board member has available to them a transcript or recording
of the meeting from which the member was absent and certifies, in
writing, to the Board that they have read such transcript or listened
to such recording.
d.
There shall be appointed two alternate members to the Planning Board.
The alternate members shall be appointed in the same way as Class
IV members and shall meet the qualifications of Class IV members of
nine member Planning Boards. Alternate members shall be designated
at the time of appointment by the Mayor as "Alternate No. 1" and "Alternate
No. 2". The terms of the alternate members shall be for two years,
except 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.
A vacancy occurring otherwise than by expiration of term shall be
filled by the Mayor for the unexpired term only. No alternate member
shall be permitted to act on any matter in which the member has either
directly or indirectly any personal or financial interest. An alternate
member may, after public hearing if the member requests one, be removed
by the governing body for cause. Alternate members may participate
in discussions of the proceeding 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.
[Ord. No. 77:1; amended 8-23-2021 by Ord. No. 2021:14]
The Planning Board shall elect a Chair and Vice Chair from the
members of Class IV, select a Secretary who may or may not be a member
of the Planning Board or a municipal employee and create and fill
such other offices as established by its by-laws. An alternate member
shall not serve as Chair or Vice Chair of the Planning Board. It may
employ, or contract for, and fix the compensation of legal counsel,
other than the Borough Attorney, and experts and other staff and services
as it may deem necessary, not exceeding, exclusive of gifts or grants,
the amount appropriated by the governing body for its use. All members
of the Planning Board shall serve without compensation.
[Ord. No. 77:1; Ord. No. 85:1 § 5; amended 8-23-2021 by Ord. No. 2021:14]
a.
Mandatory powers. The Planning Board shall follow the provisions
of this chapter and shall accordingly exercise its power in regard
to:
b.
Permissive powers. The Planning Board may:
1.
Participate in the preparation and review of programs or plans required
by state or federal law or regulation.
2.
Assemble data on a continuing basis as part of a continuous planning
process.
3.
Perform such other advisory duties as are assigned to it by ordinance
or resolution of the governing body for the aid and assistance of
the governing body or other agencies or officers.
c.
Referral powers.
1.
Prior to the adoption of a development regulation or a revision or
amendment thereto, the Planning Board shall make and transmit to the
governing body, within 35 days after referral, a report including
recommendations concerning the proposed development regulation, revision
or amendment. The governing body, when considering the adoption of
a development regulation or a revision or amendment thereto, shall
review the report of the Planning Board and may disapprove or change
any recommendation by a vote of a majority of its full authorized
membership and shall record in its minutes the reasons for not following
such recommendations. Failure of the Planning Board to transmit its
report within the thirty-five-day period provided herein shall relieve
the governing body from the requirements of this subsection in regard
to the proposed development regulation or revision or amendment thereto
referred to the Planning Board.
2.
The governing body may, by ordinance, provide for the reference of
any matter or class of matters to the Planning Board before final
action thereon by a municipal body or municipal officer having final
authority thereon. Such reference shall not extend the time for action
by the referring body, whether or not the Planning Board has submitted
its report. Whenever the Planning Board shall have made a recommendation
regarding a matter authorized by this chapter to another municipal
body, such recommendation may be rejected only by a majority of the
full authorized membership of such other body.
d.
Ancillary powers.
1.
The Planning Board, when reviewing applications for approval of subdivision
plats, 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.
(a)
Whenever the proposed development requires approval pursuant
to this act of a subdivision, site plan or conditional use (but not
a variance pursuant to N.J.S.A. 40:55D-70d, the Planning Board shall
have the power to grant to the same extent and subject to the same
restrictions as the Board of Adjustment variances, pursuant to N.J.S.A.
40:55D-70. Whenever relief is requested pursuant to this subsection,
notice of a hearing on the application for development shall include
a reference to the request for a variance or direction for issuance
of a permit, as the case may be. The developer may elect to submit
a separate application requesting approval of the variance or direction
of the issuance of a permit and a subsequent application for any required
approval of a subdivision, site plan or conditional use. The separate
approval of the variance or direction of the issuance of a permit
shall be conditioned upon grant of all required subsequent approvals
by the Planning Board. No such subsequent approval shall be granted
unless the approval can be granted without substantial detriment to
the public good and without substantial impairment of the intent and
purpose of the zone plan and zoning regulations.
(b)
Direction pursuant to 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 Chapter 291.
(c)
Direction pursuant to N.J.S.A. 40:55D-32 for issuance of a permit
for a building or structure not related to a street.
2.
Whenever relief is requested pursuant to this subsection, notice
of 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.
[Ord. No. 77:1; Ord. No. 85:1 § 6; amended 8-23-2021 by Ord. No. 2021:14]
a.
Whenever an application for approval of a subdivision plat, site plan or conditional use includes a request for relief pursuant to Subsection 30-6.4d above, the Planning Board shall grant or deny approval of the application within 120 days after submission by a developer of a complete application (as defined in Subsection 30-11.3) to the administrative officer 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, and it shall be sufficient in lieu of the written endorsement or other evidence of approval herein required and shall be so accepted by the County Recording Officer for purposes of filing subdivision plats.
b.
Whenever review or approval of the application by the Bergen County
Planning Board is required by N.J.S.A. 40:27-6.3, in the case of a
subdivision, or N.J.S.A. 40:26-6.6, in the case of a site plan, the
Borough Planning Board shall condition any approval that it grants
upon timely receipt of a favorable report on the application by the
Bergen County Planning Board or approval by the Bergen County Planning
Board by its failure to report thereon within the required time period.
[Ord. No. 77:1; amended 8-23-2021 by Ord. No. 2021:14]
After the appointment of a Planning Board, the Mayor may appoint
one or more persons as a Citizens' Advisory Committee to assist or
collaborate with the Planning Board in its duties, 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. 77:1; Ord. No. 81:11; amended 8-23-2021 by Ord. No. 2021:14]
Pursuant to the provisions of N.J.S.A. 40:55D-69, the Board
of Adjustment, as heretofore established, is hereby continued.
[Ord. No. 77:1; Ord. No. 81:11; amended 8-23-2021 by Ord. No. 2021:14]
a.
The Board of Adjustment shall consist of seven members and two alternate
members, each to be appointed by the Mayor, who shall nominate and,
with the advice and consent of the Borough Council, appoint the members
of the Board. Alternate members shall be designated by the Chair as
"Alternate No. 1" and "Alternate No. 2" and shall serve in rotation
during the absence or disqualification of any regular member or members.
b.
Terms of Members. The term of each member shall be four years, and
the term of each alternate member shall be two years. No member may
hold any elective office or position under the municipality. No member
of the Board of Adjustment shall be permitted to act on any matter
in which the member has, either directly or indirectly, any personal
or financial interest. A member may, after public hearing if the member
requests it, be removed by the governing body for cause. For purposes
of this subsection, unexcused absence by a regular or alternate member
from four consecutive meetings of the Zoning Board of Adjustment shall
be deemed to be a just cause for removal. A vacancy occurring otherwise
than by expiration of term shall be filled for the unexpired term
only.
[Ord. No. 77:1; amended 8-23-2021 by Ord. No. 2021:14]
The Zoning Board of Adjustment is authorized to adopt bylaws
and such other rules and regulations governing its procedural operation,
which bylaws, rules and regulations shall be consistent with the provisions
of this chapter and Chapter 291 of the Laws of New Jersey 1975. The
Board shall elect a Chair and Vice Chair from its members and select
a Secretary who may or may not be a member of the Board of Adjustment
or a municipal employee.
[Ord. No. 77:1; Ord. No. 85:1 § 7; amended 8-23-2021 by Ord. No. 2021:14]
The Board of Adjustment 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 an administrative officer based on or made in the enforcement of
the zoning regulations.
b.
Hear and decide, in accordance with the provisions of any such ordinance,
requests for interpretation of the Zoning Map or zoning regulations
or for decisions upon other special questions upon which such Board
is authorized to pass by any zoning regulations or Official Map in
accordance with this chapter.
c.
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
in 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.
1.
Where in an application or appeal relating to a specific piece of property, the purposes of the Municipal Land Use Act, N.J.S.A. 40:55D-1 et seq., would be advanced by a deviation from the land use requirements and the benefits of the deviation would substantially outweigh any detriment, grant a variance to allow departure from regulations pursuant to N.J.S.A. 40:55D-62 et seq.; provided, however, that no variance from those departures enumerated in Subsection d of this subsection 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 Subsection 30-10.4 of this chapter.
d.
In particular cases and for special reasons, grant a variance to
allow departure from the Borough and use regulations 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 pursuant to 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 N.J.S.A.
40:55D-4.
5.
An increase in the permitted density as defined in 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.
6.
A height of a principal structure which exceeds by 10 feet or 10%
the maximum height permitted in the district for a principal structure.
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A variance under this subsection shall be granted only by affirmative
vote of at least five members.
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No variance or other relief may be granted under the terms 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 regulations.
An application under this subsection may be referred to any appropriate
person or agency, provided that such reference shall not extend the
period of time within which the Zoning Board of Adjustment shall act.
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e.
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 pursuant to Section 23
of Chapter 291 of the Laws of New Jersey 1975.
f.
Direct issuance of a permit, pursuant to N.J.S.A. 40:55D-35, for
a building or structure not related to a street.
g.
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 et seq. or conditional use approval pursuant to
N.J.S.A. 40:55D-67 whenever the Board of Adjustment is reviewing an
application for approval of a variance pursuant to N.J.S.A. 40:55D-70d.
[Ord. No. 77:1; amended 8-23-2021 by Ord. No. 2021:14]
The governing body shall make provision in its budget and appropriate
funds for the expenses of the Board of Adjustment. The Board of Adjustment
may employ, or contract for, and fix the compensation of legal counsel,
other than the Borough Attorney, and experts and other staff and services
as it shall deem necessary, not exceeding, exclusive of gifts and
grants, the amount appropriated by the governing body for its use.
[Ord. No. 77:1; Ord. No. 85:1 § 8; amended 8-23-2021 by Ord. No. 2021:14]
a.
Appeals. Appeals to the Board of Adjustment may be taken by an interested
party affected by a decision of an administrative officer of the municipality
based on or made in the enforcement of the zoning regulations or Official
Map. Such appeal shall be taken within 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 from was taken. 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.
b.
Applications. The following must be submitted to the Zoning Board
of Adjustment to qualify as a completed application:
1.
A completed application form.
2.
Fee required for specific application.
3.
Survey of premises (if construction involved in application) presented
to the Code Enforcement Officer for 10 days prior to hearing.
4.
Preliminary drawing of proposed construction presented to Code Enforcement
Officer 10 days prior to hearing.
5.
Completed application and all requirements of this checklist fulfilled
and received by the Board of Adjustment no later than 10 days prior
to the meeting date, except where otherwise provided, in which the
applicant wants the application listed.
6.
Notice of hearing served on all property owners within 200 feet of
the premises within 10 days before the hearing date. This is done
in accordance with instruction sheet given to applicant.
7.
Signed and dated affidavit of service, together with all certified
slips and any signatures obtained indicating that notice of hearing
has been sent to all necessary parties filed with the Code Enforcement
Officer not later than 48 hours prior to hearing date.
8.
All requirements of the New Jersey Statutes must be complied with,
including notice to the proper state and county agencies.
9.
Any corporation applying to the Zoning Board of Adjustment must be
represented at the public hearing of the application by legal counsel.
10.
Every application must be accompanied by proof that no taxes or assessments
for local improvements are due or delinquent on the property subject
of the application. If taxes or assessments are delinquent, any relief
granted shall be conditioned on prompt payment of the taxes or assessments
or the making of adequate provision for the payment thereof in such
manner that the Borough will be protected.
[Ord. No. 77:1; Ord. No. 85:1 § 9; amended 8-23-2021 by Ord. No. 2021:14]
a.
The Board of Adjustment shall render a decision no later than 120 days 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 Board of Adjustment pursuant to Subsection 30-7.6 of this chapter. A completed application is defined in Subsection 30-7.6b. Failure of the Board to render a decision within such 120-day period or within further time as may be consented to by the applicant shall constitute a decision favorable to the applicant.
b.
Whenever an applicant for development requests relief pursuant to Subsection 30-7.4g of this chapter, the Board of Adjustment shall grant or deny approval of the application within 120 days after submission by a developer of a complete application to the administrative officer or within such further time as may be consented to by the applicant. Failure of the Board of Adjustment to act within the period prescribed shall constitute a decision favorable to the applicant.
c.
Whenever review or approval of the application by the County Planning
Board is required by Section 5 of P.L. 1968, c. 285 (N.J.S.A. 40:27-6.3),
in the case of a subdivision, or Section 8 of P.L. 1968, c. 285 (N.J.S.A.
40:27-6.6), in the case of a site plan, the Borough Board of Adjustment
shall condition any approval that it grants upon timely receipt of
a favorable report on the application by the Bergen County Planning
Board by its failure to report thereon within the required time.
d.
An application under this subsection may be referred to any appropriate person or agency, including the Planning Board, pursuant to Subsection 30-6.4c of this chapter for its report, provided that such reference shall not extend the period of time within which the Zoning Board of Adjustment shall act.
e.
If the Board of Adjustment fails to adopt a resolution or memorializing
resolution of their decision, any stated party may apply to the Superior
Court in a summary manner for an order compelling the Board of Adjustment
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 municipality.
[Ord. No. 77:1; amended 8-23-2021 by Ord. No. 2021:14]
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.
[Ord. No. 77:1; amended 8-23-2021 by Ord. No. 2021:14]
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 them, that by reason of facts stated in the certificate
a stay would, in their 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.
