[Ord. No. 779 § 16.801.1]
a.
A Planning Board is hereby established pursuant to N.J.S.A. 40:55D-23,
consisting of nine members. The membership shall consist of, for convenience
in designating the manner of appointment, the four following classes.
b.
Class I — The Mayor.
c.
Class II — one of the officials of the Borough other than a
member of the Governing Body, to be appointed by the Mayor; provided
that if there be 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 be among the Class IV or alternate members
of the Planning Board both a member of the Zoning Board of Adjustment
and a member of the Board of Education.
d.
Class III — A member of the Governing Body to be appointed
by it.
e.
Class IV — Other citizens of the Borough to be appointed by
the Mayor.
The members of Class IV shall hold no other Municipal office,
position or employment except that in the case of nine member Boards,
one such member may be a member of the Zoning Board of Adjustment
or Historic Preservation Commission. No member of the Board of Education
may be a Class IV member of the Planning Board, except that in the
case of a nine member Board, one Class IV member may be a member of
the Board of Education. If there be a Municipal 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 a Class IV Planning Board member, unless
there be among the Class IV or alternate members of the Planning Board
both a member of the Zoning Board of Adjustment or Historic Preservation
Commission and a member of the Board of Education, in which case the
member common to the Planning Board and Municipal Environmental Commission
shall be deemed a Class II member of the Planning Board. For the purpose
of this section, membership on a Municipal Board or 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.
f.
Substitute Members When Conflicts Exist. If the Planning Board lacks a quorum because any of its regular or alternate members is prohibited by subsection b of section 14 of P.L. 1975, c.291 (N.J.S.A. 40:55D-23) or section 13 of P.L. 1979, c.216 (N.J.S.A. 40:55D-23.1) from acting on a matter due to the member's personal or financial interests therein, regular members of the Board of Adjustment shall be called upon to serve, for that matter only, as temporary members of the Planning Board in order of seniority of continuous service to the Board of Adjustment until there are the minimum number of members necessary to constitute a quorum to act upon the matter without any personal or financial interest therein, whether direct or indirect. If a choice has to be made between regular members of equal seniority, the chairman of the Board of Adjustment shall make the choice.
g.
Alternate Members. There shall be two alternate members of the Planning
Board. Alternate members shall be appointed by the Mayor and shall
meet the qualifications of Class IV members of nine member Planning
Boards. Alternate members shall be designated by the Mayor at the
time of appointment as "Alternate No. 1" and "Alternate No. 2". 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. A vacancy occurring otherwise than
by expiration of term shall be filled by the appointing authority
for the unexpired term only.
No alternate member shall be permitted to act on any matter
in which he has either directly or indirectly any personal or financial
interest. An alternate member may, after public hearing if he requests
one, be removed by the Governing Body for cause.
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.
[Ord. No. 779 § 16.801.2]
a.
The term of the member composing Class I shall correspond to 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, 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 his term of office as a member of the Environmental
Commission, 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 under this act 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 — provided that the initial Class IV
term of no member shall exceed four years.
b.
In any municipality in which the term of the municipal Governing
Body commences on January 1, the Governing Body may, by ordinance,
provide that the term of appointment of any class of member of the
Planning Board appointed pursuant to this section shall commence on
January 1. In any municipality in which the term of the municipal
Governing Body commences on July 1, the Governing Body may, by ordinance,
provide that the term of appointment of any class of member appointed
pursuant to this section commence on July 1.
[Ord. No. 779 § 16.801.3]
If any 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 he has, either
directly or indirectly, any personal or financial interest. Any member
other than a Class I member, after a public hearing if he requests
one, may be removed by the Governing Body for cause.
[Ord. No. 779 § 16.801.4]
The Planning Board shall elect a Chairman and a Vice-Chairman
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 ordinance.
[Ord. No. 779 § 16.801.5]
a.
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 for, the Planning Board Attorney.
[Ord. No. 779 § 16.801.6]
a.
The Planning Board may also employ or contract for the services of
experts and such 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 Governing Body for its use.
b.
Any application before the Planning Board may be referred to any
person or agency for a report, provided that such referral shall not
extend the period of time within which the Board shall act.
[Ord. No. 779 § 16.801.7]
The Planning Board may adopt by-laws governing its procedural
operations. It shall also have the following powers and duties:
a.
To make, adopt and, from time to time, amend, a master plan or components
thereof, to guide the use of lands within the Borough in a manner
which protects public health and safety and promotes the general welfare.
b.
To administer the site plan and subdivision review provisions of
this chapter.
c.
Recommend to the Governing Body an official map pursuant to N.J.S.A.
40:55D-32.
d.
Hear and decide applications for conditional uses in accordance with
the applicable provisions of this chapter.
e.
To participate in the preparation and review of programs or plans
required by State or Federal Law or regulations.
f.
To assemble data on a continuing basis as part of a continuous planning
process.
g.
To consider and make report to the Governing Body within 35 days
after referral as to any proposed development regulation, revision
or amendment submitted to the Board pursuant to the provisions of
N.J.S.A. 40:55D-26(a), with the report including identification of
any provisions in the proposed development regulation, revision or
amendment which are inconsistent with the master plan and recommendations
concerning these inconsistencies and any other matters the Board deems
appropriate, and also to review any matters which may be specifically
referred to the Planning Board by the Governing Body pursuant to the
provisions of N.J.S.A. 40:55D-26(b), including, but not limited to,
the following:
h.
Whenever a proposed development requires approval of a site plan,
subdivision, 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 Zoning Board
of Adjustment:
2.
Direction of the 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 on the official map.
3.
Direction of the issuance of a permit for a building or structure
not related to a street. Whenever relief is requested pursuant to
this subsection, notice of the hearing on the application for development
shall include reference to the request for variance or direction of
the 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 such 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 requirements of this chapter.
i.
To perform such other advisory duties as are assigned by ordinance
or by resolution of the Governing Body for the aid and assistance
of the Governing Body or other Borough agencies or officers.
[Ord. No. 779 § 16.801.8]
a.
Minor Subdivisions. Minor subdivision approval shall be granted or
denied within 45 days of the date of the certification of the completeness
of an application by 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 as to the failure of the Board
to act shall be issued by the Administrative Officer upon the request
of the applicant.
Approval of a minor subdivision shall expire 190 days from the
date of 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 the Borough Tax Assessor. Any such plat or deed must
be signed by the Chairman and Secretary of the Planning Board before
it is submitted for filing with the County Recording Officer.
b.
Preliminary Approval. Upon certification by the Administrative Officer
of the completeness of an application for development involving a
subdivision of 10 or fewer lots, the Planning Board shall grant or
deny preliminary site plan or subdivision approval within 45 days
of the date of such certification or within such further time as may
be consented to by the developer. Upon certification by the Administrative
Officer of the completeness of an application for development involving
a subdivision of more than 10 lots or any development involving a
conditional use, the Planning Board shall grant or deny preliminary
site plan or subdivision approval within 95 days of the date of such
certification or within such further time as may be consented to by
the developer. If the Planning Board shall fail to act within such
time, the Planning Board shall be deemed to have granted preliminary
approval.
c.
Ancillary Powers. Whenever an application for site plan or subdivision
approval includes a request for variance relief or direction of the
issuance of a permit pursuant to N.J.S.A. 40:55D-60, the Planning
Board shall grant or deny approval within 120 days after certification
by the Administrative Officer of the completeness of the application
or within such further time as may be consented to by the applicant.
In the event that the developer elects to submit separate consecutive
applications, the aforesaid provision shall apply to the application
for approval of the variance or direction of the issuance of a permit.
The period for granting or denying any subsequent approval shall be
as otherwise provided in this chapter. Failure of the Planning Board
to act within the period prescribed shall constitute approval of the
application and a certificate as to the failure of the Planning Board
to act shall be issued by the Administrative Officer upon the request
of the applicant.
d.
Final Approval. Final site plan or subdivision approval shall be
granted or denied within 45 days of certification by the Administrative
Officer of the completeness of an 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 as to the failure of the Planning
Board to act shall be issued by the Administrative Officer upon the
request of the applicant.
[Ord. No. 779 § 16.801.9]
Any variance from the terms of this section hereafter granted
by the Planning Board permitting the erection or alteration of any
structure or structures, or permitting a specified use of any premises,
shall expire by limitation unless such construction or alteration
shall have actually been commenced on each and every structure permitted
by the variance, or unless such use permitted by said variance has
actually been authorized by a construction permit within one year
from the date of decision by the Planning Board. If, however, a variance
is granted in conjunction with simultaneous site plan or subdivision
approval, it shall expire at the same time as the site plan or subdivision
approval. In the event that an appeal is filed from the decision of
the Planning Board, the running of the period of limitation herein
provided shall be suspended from the date the appeal is filed with
the Governing Body or court of competent jurisdiction until the termination
in any manner of such appeal or proceeding.
[Ord. No. 779 § 16.801.10]
a.
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. 779 § 16.801.11]
a.
The Planning Board may adopt such rules and regulations as may be
necessary to effectuate the provisions and purposes of this chapter.
The rules and regulations may include the definition of a complete
application and may provide that the Board review, on the record,
the reports and recommendations of each Municipal officer or agency
with respect to each application referred to them by the terms of
this chapter.
[Ord. No. 779 § 16.802.1]
a.
A Zoning Board of Adjustment is hereby established pursuant to N.J.S.A.
40:55D-69 et seq. consisting of seven residents of the Borough appointed
by the Borough Council to serve as regular members and not more than
two residents to serve as alternate members. Alternate members shall
be designated at the time of appointment by the authority appointing
them as "Alternate No. 1" and "Alternate No. 2." The terms of the
members first appointed under this chapter shall be so determined
that to the greatest practicable extent, the expiration of such terms
shall be distributed, in the case of regular members, evenly over
the first four years after their appointment, and in the case of alternate
members, evenly over the first two years after their appointment;
provided that the initial term of no regular member shall exceed four
years and that the initial term of no alternate member shall exceed
two years. Thereafter, the term of each regular 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 in the municipality.
No 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.
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.
b.
Any vacancy of the Zoning Board of Adjustment occurring other than
by expiration of an appointed term shall be filled by an appointment
of the Borough Council to serve the unexpired term of the departing
member. Any member may be removed by the Governing Body for cause,
but only after a public hearing, if requested.
c.
If the Board of Adjustment lacks a quorum because any of its regular
or alternate members is prohibited by section 56 of P.L. 1975, c.291
(N.J.S.A. 40:55D-69) from acting on a matter due to the member's personal
or financial interest therein, Class IV members of the Planning Board
shall be called upon to serve, for that matter only, as temporary
members of the Board of Adjustment. The Class IV members of the Planning
Board shall be called upon to serve in order of seniority of continuous
service to the Planning Board until there are the minimum number of
members necessary to constitute a quorum to act upon the matter without
any personal or financial interest therein, whether direct or indirect.
If a choice has to be made between Class IV members of equal seniority,
the chairman of the Planning Board shall make the choice.
[Ord. No. 779 § 16.802.2]
a.
The Zoning Board of Adjustment shall annually elect a Chairman and
Vice-Chairman from among its regular members and select a Secretary
who may or may not be either a Board member or a Municipal employee.
[Ord. No. 779 § 16.802.3]
a.
There is hereby 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 for
the Zoning Board of Adjustment Attorney, who shall be an attorney
other than the Borough Attorney.
[Ord. No. 779 § 16.802.4]
a.
The Zoning Board of Adjustment may also employ or contract for and
fix the compensation of such experts and staff and services as it
may deem necessary. The Board shall not authorize expenditures which
exceed, exclusive of gifts or grants, the amount appropriated by the
Governing Body for its use.
b.
Any action of the Zoning Board of Adjustment may be referred to any
person or agency for a report, provided that such referral shall not
extend the period of time within which the Board shall act.
[Ord. No. 779 § 16.802.5]
The Zoning Board of Adjustment shall have the power to:
a.
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 the zoning regulations of this chapter.
b.
Hear and decide requests for interpretations of the zoning map or
ordinance or for decisions upon other special questions upon which
such Board is authorized to pass by any zoning or official map ordinance
in accordance with the Municipal Land Use Law.
c.
Where (a) by reason of exceptional narrowness, shallowness, or shape of a specific piece of property, or (b) by reason of exceptional topographic conditions or physical features uniquely affecting a specific piece of property, or (c) by reason of an extraordinary and exceptional situation uniquely affecting a specific piece of property or the structures lawfully existing thereon, the strict application of any zoning regulation 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 to relieve such difficulties or hardship; where in an application or appeal relating to a specific piece of property the purposes of the Municipal Land Use Law would be advanced by a deviation from the zoning regulations of this chapter and the benefits of the deviation would substantially outweigh any detriment, grant a variance to allow departure from such zoning regulations; provided, however, that no variance enumerated in subsection 26-802.5d of this chapter 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 the request for a variance.
d.
In particular cases and for special reasons, grant a variance to
allow departure from the zoning regulations of this chapter:
1.
A use or principal structure in a district restricted against such
use or principal structure.
2.
An expansion of a nonconforming use.
3.
Deviation from a specification or standard pertaining solely to a
conditional use.
4.
An increase in the permitted floor area ratio as defined by this
chapter.
5.
An increase in the permitted density as defined in this chapter 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.
An increase in the permitted height of a principal building whenever
the proposed height of said structure exceeds by 10 feet or 10%, the
maximum height permitted in the zone.
A variance under this subsection shall be granted only by affirmative
vote of at least five members of the Zoning Board of Adjustment.
e.
No variance or other relief specified herein may be granted 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.
[Ord. No. 779 § 16.802.6]
The Zoning Board of Adjustment shall, in addition to the powers specified in subsection 26-802.5 of this chapter, have the power to:
a.
Direct issuance of a permit 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 for a building or structure not related
to a street.
c.
Grant, to the same extent and subject to the same procedures and restrictions as required of the Planning Board, site plan, subdivision and/or conditional use approval whenever the Board is reviewing an application for approval of a variance pursuant to subsection 26-802.5d of this chapter. Whenever the Zoning Board of Adjustment shall exercise this power, it shall follow the same procedures required of the Planning Board by the terms of this chapter unless otherwise specified.
d.
Whenever the Zoning Board of Adjustment has jurisdiction over an application for a variance pursuant to subsection 26-802.5d of this chapter, the developer may elect to submit a separate application requesting approval of the variance and a subsequent application for any required approval of a site plan, subdivision and/or conditional use. The separate approval of the variance shall be conditioned upon the granting of all required subsequent approvals by the Zoning Board of Adjustment, and no such subsequent approval shall be granted unless such approvals 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 requirements of this chapter. The number of votes required to grant any such subsequent approvals shall be as provided in this chapter.
e.
Grant certification of a nonconforming use or structure pursuant
to N.J.S.A. 40:55D-68.
[Ord. No. 779 § 16.802.7]
a.
Applications addressed to the original jurisdiction of the Zoning
Board of Adjustment without prior application to the Construction
Code Enforcement Official shall be filed with the Administrative Officer.
21 copies of the application shall be filed at least 21 days before
the regularly scheduled monthly meeting of the Board. At the time
of filing the application, the applicant shall also file all plans,
maps or other papers required by virtue of any provisions of this
chapter. The applicant shall obtain all necessary forms from the Administrative
Officer, who shall inform the applicant of the steps to be taken to
initiate proceedings and of the regular meeting dates of the Board.
b.
Appeals to the Zoning Board of Adjustment may be taken by any interested
party affected by the decision of any officer, department, board,
or bureau of the Municipality made in the enforcement of this chapter
or the official map. Each appeal shall be taken within 20 days by
filing a notice of appeal with the officer from whom the appeal was
taken, together with 21 copies of the notice given to the Secretary
of the Zoning Board of Adjustment. This notice of appeal shall specify
the grounds for 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.
c.
An appeal to the Zoning Board of Adjustment stays 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 Zoning 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 order of the Superior Court of New Jersey upon
notice to the officer from whom the appeal is taken and on due cause
shown.
d.
In exercising the appeal power, the Zoning 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 officer from whose decision
the appeal was taken.
[Ord. No. 779 § 16.802.8]
a.
The Zoning Board of Adjustment shall render a decision not later than 120 days after the date (1) an appeal is taken from the decision of an administrative official or agency, or (2) a complete application is submitted requesting approval by the Board of a variance pursuant to subsection 26-802.5c or 26-802.5d of this chapter, or of a site plan, subdivision and/or conditional use in which simultaneous approval of a variance pursuant to subsection 26-802.5d is requested, or such later date as may be consented to by the applicant. In the event that the developer elects to submit separate consecutive applications for the variance and for subsequent site plan, subdivision and/or conditional use approval, the 120 day period shall apply only to the application for approval of the variance and the time period for granting or denying any subsequent approvals shall be as provided in this chapter for approvals by the Planning Board as specified in subsection 26-801.8.
b.
Failure of the Board to render a decision within the requisite time
period or within such further time as may be consented to by the applicant
shall constitute a decision favorable to the applicant, and a certificate
as to the failure of the Board to act shall be issued by the Administrative
Officer upon the request of the applicant.
[Ord. No. 779 § 16.802.9]
a.
Any variance from the terms of this chapter hereafter granted by
the Zoning 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 actually been commenced on each and every structure permitted
by the variance, or unless such use permitted by the variance has
actually been authorized by a construction permit within one year
from the date of decision by the Zoning Board of Adjustment. If, however,
a variance is granted in conjunction with simultaneous site plan or
subdivision approval, it shall expire at the same time as the site
plan or subdivision approval. In the event that an appeal is filed
from the decision of the Zoning Board of Adjustment, the running of
the period of limitation herein provided shall be suspended from the
date the appeal is filed with the Governing Body or court of competent
jurisdiction until the termination in any manner of such appeal or
proceeding.
b.
In the case where an application for variance relief has been approved
subject to the subsequent approval of a separate site plan, subdivision
and/or conditional use application, the approval of the variance shall
stipulate a reasonable time period within which an application for
preliminary or final approval of the site plan, subdivision and/or
conditional use shall be submitted before the approval of the variance
shall expire. At the request of the applicant, the Zoning Board of
Adjustment may grant an extension of the previously stipulated period
for submission for up to 12 additional months but not more than one
such extension may be granted.
[Ord. No. 779 § 16.802.10]
a.
The Board may adopt such rules and regulations as may be necessary
to effectuate the provisions and purposes of this chapter. These rules
and regulations may provide that the Board review, on the record,
the reports and recommendations of each Municipal officer or agency
with respect to each application referred to them by the terms of
this chapter.
[Ord. No. 779 § 16.802.11]
a.
The Zoning Board of Adjustment shall, at least once a year, review
its decisions on applications and appeals for variances and prepare
and adopt by resolution a report of its findings on zoning Ordinance
provisions which were the subject of variance requests and its recommendations
for zoning Ordinance amendment or revision, if any. The Board shall
send copies of the report and resolution to the Governing Body and
Planning Board.
[Ord. No. 779 § 16.803.1]
a.
No member or alternate 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 relating thereto.
[Ord. No. 779 § 16.803.2]
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 canceled for lack of
development applications to process or for lack of a quorum.
b.
Special meetings may be provided for at the call of the Chairman
or on the request of any two Board members; any such special meeting
shall be held on notice to the Board 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,
the quorum to be the majority of the full authorized membership of
the Board.
d.
All actions shall be taken by majority vote of the members present
except as otherwise required by any provision of the Municipal Land
Use Law. The failure of any motion to receive the requisite number
of votes for approval shall be deemed an action denying the application.
e.
All regular meetings and all special meetings shall be open to the
public except as provided in the Open Public Meetings Law. All such
meetings shall be conducted, and notice of all such meetings shall
be given, in accordance with the requirements of the Open Public Meetings
Law.
[Ord. No. 779 § 16.803.3]
a.
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 reasonable
fee for reproduction of the minutes for his use as provided by Borough
Ordinance.
[Ord. No. 779 § 16.803.4]
a.
Rules. A hearing shall be held on each application for development.
The Planning Board or Zoning Board of Adjustment, as the case may
be, may make the rules governing the conduct of such hearings, which
rules shall not be inconsistent with the provisions of N.J.S.A. 40:55D-1
et seq. or 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.
b.
Maps and Documents. Any maps and documents for which approval is
sought at a hearing shall be on file and available for public inspection
at least 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.
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
shall apply thereto.
d.
Testimony. The testimony of all witnesses relating to an application
for development shall be taken under oath or affirmation by the presiding
officer or his designee 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.
e.
Evidence. Technical rules of evidence shall not be applicable to
the hearing, but the Board may exclude irrelevant, immaterial or unduly
repetitious evidence.
f.
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 the party's expense,
unless otherwise provided by ordinance for the Borough to assume the
expense, provided that the charge shall not be more than the maximum
permitted in N.J.S.A. 2A:11-15. This transcript shall be certified
in writing by the transcriber to be accurate.
[Ord. No. 779 § 16.803.5]
a.
Public notice of a hearing shall be given in an official newspaper
of the Borough for the following applications for approval:
1.
Any appeal or request for interpretation.
2.
Any request for a variance.
3.
Any request for conditional use approval.
4.
Any request for the issuance of a permit to build within the bed
of a mapped street, public drainage way, flood control basin or public
area reserved on the official map, or on a lot not abutting a street.
5.
Any request for preliminary approval of a site plan or subdivision
plat.
6.
Any request for final approval of a site plan or subdivision plat
for which public notice of the hearing on the final site plan or subdivision
plat has been made a condition of the preliminary approval.
b.
The Administrative Officer shall notify the applicant at least two
weeks prior to the meeting at which the public hearing will be conducted
so that proper notice can be given by the applicant.
c.
Whenever public notice is required for a hearing on an application
for development, the applicant shall give notice thereof as follows:
1.
Public notice shall be given by publication in the official newspaper
of the Borough at least 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 200 feet
in all directions of the property which is the subject of such hearing,
whether located within or outside of the Borough in which the applicant's
land is located, provided that this requirement shall be deemed satisfied
by notice to the condominium association, in the case of any unit
owner whose unit has a unit above or below it, or to the horizontal
property regime, in the case of any co-owner whose apartment has an
apartment above or below it. Such notice shall be given either by
personally serving a copy thereof on the owner as shown on the current
tax duplicate or his agent in charge of the property or by mailing
a copy thereof by certified mail to the property owner at his address
shown on the current tax duplicate. A return receipt is not required.
Notice to a partnership owner may be made by service upon any
partner. Notice to a corporation owner may be made by service upon
its president, vice president, secretary, or other person authorized
by appointment or by law to accept service on behalf of the corporation.
Notice to a condominium association, horizontal property regime, community
trust or homeowners association, because of its ownership of common
elements or areas located within 200 feet of the property which is
the subject of the hearing, may be made in the same manner as to a
corporation without further notice to the 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 200 feet in an adjoining municipality shall be given by personal service or certified mail to the Clerk of such municipality, which shall be in addition to the notice required to be given pursuant to subsection 26-803.5 c.2 above to the owners of lands in such adjoining municipality which are located within 200 feet of the subject premises.
4.
Notice shall be given by personal service or certified mail to the
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 County official map or on the County master plan, adjoining
other County land or situated within 200 feet of a municipal boundary.
5.
Notice shall be given by personal service or certified mail to the
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 a development application
involving more than 150 acres of 500 dwelling units; such notice shall
include a copy of any maps or documents required to be on file with
the Borough Clerk.
7.
Notice pursuant to subsections 26-803.5c-3 through 6 shall not be
required unless public notice pursuant to subsection 26-803.5c-1 and
notice pursuant to subsection 26-803.5c-2 are required.
d.
All notices specified in this section shall be given at least 10
days prior to the date fixed for hearing and the applicant shall file
an affidavit of proof of service with the Board holding the hearing
on the application for development.
e.
Any notice made by certified mail as hereinabove required shall be
deemed to be complete upon mailing.
f.
All notices required to be given pursuant to the terms of this Ordinance
shall state: the date, time and place of the hearing; the nature of
the matters to be considered; the identification of the property proposed
for development by street address, if any, and by reference to lot
and block numbers as shown on the current tax duplicate in the Borough
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. Where a variance is requested, the notice shall specifically
stipulate the requirement and/or regulation from which relief is sought
and, in the case of a variance, the extent of relief requested.
[Ord. No. 779 § 16.
803.6]
a.
The Borough Clerk shall, within seven 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 pursuant to subsection 26-803.5c-2 of this chapter.
[Ord. No. 779 § 16.803.7]
a.
Any member of a board who was absent for one 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 absence
from one or more of the meetings, provided, however, that such member
has available to him the transcript or recording of all of the hearing
from which he was absent and certifies in writing to the Board that
he has read such transcript or listened to such recording.
b.
Failure of a motion to approve an application for development to
receive the number of votes required for approval shall be deemed
an action denying the application.
c.
Only the members who voted for the action taken may vote on the memorializing
resolution, and the vote of a majority of such members present at
the meeting at which the resolution is presented for adoption shall
be sufficient to adopt such resolution. An action resulting from the
failure to a motion to approve an application shall be memorialized
by resolution as provided above, with those members voting against
the motion for approval being the members eligible to vote on the
memorializing resolution.
d.
The vote on any such resolution shall be deemed to be a memorialization of the action taken and not to be an action of the Approving Authority; however, the date of the adoption of the resolution shall constitute the date of the decision for purposes of the mailings, filings and publications required by this section and subsection 26-803.8.
[Ord. No. 779 § 16.803.8]
a.
A brief notice of every final decision shall be published in the
official newspaper of the Municipality. Such publication shall be
arranged by the Administrative Officer without separate charge to
the applicant. This notice shall be sent to the official newspaper
for publication within 10 days of the date of any such decision.
[Ord. No. 779 § 16.803.10]
a.
Every application for development submitted to a Board 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 the 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.
[Ord. No. 779 § 16.803.10]
a.
In the event that a developer submits an application for development
proposing a development that is barred or prevented, directly or indirectly,
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 and welfare,
the Approving Authority shall process such application for development
in accordance with the Municipal Land Use Law and municipal development
regulations, and, if such application for development complies with
municipal development regulations, the Approving Authority shall only
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 by a governmental agency other than the Approving
Authority, the Approving Authority shall, in appropriate instances,
condition its approval upon the subsequent approval of such governmental
agency; provided that the Borough shall make a decision on any application
for development within the time period provided in this chapter or
within an extension of such period as has been agreed to by the applicant,
unless the Approving Authority is prevented or relieved from so acting
by the operation of law.
c.
If approval is granted conditioned upon the subsequent approval of
another government agency and such government agency requires revisions
in the application for development which alter the layout and/or design
standards approved by the Planning Board or Zoning Board of Adjustment
to an extent that the Administrative Officer determines that the basis
upon which the municipal approval was granted has been changed, the
applicant shall be required to apply for and obtain revised approval
from the Planning Board or Zoning Board of Adjustment and pay the
fees for such approval as set forth in this chapter.
d.
Only upon fulfillment of all conditions precedent shall any subdivision
plat or site plan be signed or any required zoning permit, construction
permit, occupancy permit, or other approval be issued.
e.
The fulfillment of all conditions, precedent or subsequent, shall
be reported by the applicant in writing to the Board, which may cause
such reports to be independently verified.
