[Ord. No. 1-26-77 § 34-1; Ord. No. 2-23-83]
There is hereby established pursuant to C.291, P.L. 1975, in
the Town of Kearny, a Planning Board of nine members consisting of
the following four classes:
a.
Class I: The Mayor.
b.
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 Planning
Board as required by N.J.S.A. 40:56A-1 shall be deemed to be the Class
II Planning Board member if there are both a member of the Zoning
Board of Adjustment and a member of the Board of Education among the
Class IV members.
c.
Class III: A member of the Governing Body, to be appointed by it.
d.
Class IV: Six other citizens of the municipality together with two
alternate members, to be appointed by the Mayor. The members of Class
IV shall hold no other municipal office, except that one member may
be a member of the Board of Education. A member of the Environmental
Commission who is also a member of the Planning Board as required
by N.J.S.A. 40:56A-1 shall be a Class IV Planning Board member unless
there 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, in which case the member of the Environmental Commission
shall be deemed to be the Class II member of the Planning Board.
[Ord. No. 1-26-77 § 34-2]
a.
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, except for a Class
II member who is also a member of the Environmental Commission. The
term of a Class II or a 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 comes first.
b.
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.
c.
The terms of 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.
[Ord. No. 1-26-77 § 34-3]
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. 1-26-77 § 34-4]
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 municipal employee designated
by it.
[Ord. No. 1-26-77 § 34-5]
There is hereby created the office of Planning Board Attorney.
The Planning Board may annually appoint and fix the compensation of
or agree upon the rate of compensation of the Planning Board Attorney,
who shall be an attorney other than the Municipal Attorney.
[Ord. No. 1-26-77 § 34-6]
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 Governing Body for its use.
[Ord. No. 1-26-77 § 34-7]
The Planning Board is authorized to adopt bylaws governing its
procedural operation. It shall also have the following powers and
duties:
a.
To make and adopt and from time to time amend a Master Plan for the
physical development of the Town, including any areas outside its
boundaries which in the Board's judgment bear essential relation to
the planning of the Town, in accordance with the provisions of N.J.S.A.
40:55D-28.
b.
To administer the provisions of the Land Subdivision Regulations and Site Plan Review Regulations, Chapter 36, of the Town in accordance with the provisions of the regulations and the Municipal Land Use Law of 1975 (N.J.S.A. 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 municipal capital improvement projects
projected over a term of six years, and amendments thereto, and recommend
same to the Governing Body.
f.
To consider and make report to the Governing Body within 35 days
after referral as to any proposed development regulation submitted
to it, pursuant to the provisions of N.J.S.A. 40:55D-26a, and also
pass upon other matters specifically referred to the Planning Board
by the Town Council, pursuant to the provisions of N.J.S.A. 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 Section 57c of c.291, P.L. 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.
2.
Direction pursuant to Section 25 of the Act for issuance of a permit
for a building or structure in the bed for a mapped street or public
drainageway, flood control basin or public area reserved pursuant
to Section 23 of the Act.
3.
Direction pursuant to Section 27 of the Act for issuance of a permit
for a building or structure not related to a street.
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 Governing Body for the aid and assistance of
the Governing Body or other agencies or officers.
[Ord. No. 1-26-77 § 34-8]
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 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 Municipal Engineer and the Municipal 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 of Major Subdivisions. Upon submission of a
complete application for a subdivision of 10 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 10 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 35-1.7g, 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.
1.
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.
2.
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. 1-26-77 § 34-9]
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. The applicant shall
file, at least 14 days before the date of the monthly meeting of the
Board, 10 copies of a sketch plat, 10 copies of an application for
minor subdivision approval, 10 copies of an application for major
subdivision approval or 10 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 10 days prior
to the date set for the hearing, the applicant shall also file all
plot plans, maps or other papers required by virtue of any provisions
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. 1-27-77 § 34-10]
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. 1-27-77 § 34-11]
Whenever the Environmental Commission has prepared and submitted
to the Planning Board an index of the natural resources of the municipality,
the Planning Board shall make available to the Environmental Commission
an informational copy of every application for development to the
Planning Board. Failure of the Planning Board to make such informational
copy available to the Environmental Commission shall not invalidate
any hearing or proceeding.
[Ord. No. 1-27-77 § 34-12]
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. 1-27-77 § 34-13]
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 Town of Kearny
appointed by the Mayor and Council to serve for terms of four years
from January 1 of the year of their appointment.
b.
No member of the Zoning Board of Adjustment may hold any elective
office or position under the municipality.
c.
A vacancy occurring otherwise than by expiration of term shall be
filled for the unexpired term only.
[Ord. No. 1-27-77 § 34-14]
The Board of Adjustment shall elect a Chairman and Vice Chairman
from its members and shall also select a Secretary who may be either
a Board member or another municipal employee.
[Ord. No. 1-27-77 § 34-15]
There is hereby created the office of Attorney to the Zoning
Board of Adjustment. The Zoning Board of Adjustment may annually appoint
and 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 Municipal Attorney.
[Ord. No. 1-27-77 § 34-16]
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 or grants, the amount appropriated
by the Governing Body for its use.
[Ord. No. 1-27-77 § 34-17]
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. 1-27-77 § 34-18]
a.
The powers of the Zoning Board of Adjustment shall be in accordance
with N.J.S.A. 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, but 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 chapter,
or any term, clause, sentence or word hereof, and the Zoning Map,
in accordance with the general rules of construction applicable to
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 rule 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 the 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. 1-27-77 § 34-19]
a.
Appeals to the Board of Adjustment may be taken by any person aggrieved
or by an officer, department, board, or bureau of the municipality
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 an 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 10 days prior
to the date set for the 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
to 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 case, 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. 1-27-77 § 34-20]
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 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. 1-27-77 § 34-21; Ord. No. 2005-(O)-42 § 1]
a.
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 nine months 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 Governing Body, or to a court of competent jurisdiction, until
the termination in any manner of such appeal or proceeding.
b.
Any variance from the term of this chapter hereafter granted by the
Kearny Planning Board permitting the erection or alteration of any
structure or structures or permitting specified bulk variances or
waiver to design standards of any premises shall expire by limitation
unless such construction or alteration shall have been actually commenced
on each and every structure or lands permitted by the variance, or
unless such permitted use has actually been commenced, within nine
months from the date of entry of the judgment or determination of
the Kearny Planning Board; 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 Kearny Planning Board
to the Governing Body, or to a court of competent jurisdiction, until
the termination in any manner of such appeal or proceeding. (See 35-2.9a
as this section applied to the Board of Adjustment.)
[Ord. No. 1-27-77 § 34-22]
a.
The Board of Adjustment shall have such powers as are granted by
law to:
1.
Hear and decide appeals where it is alleged by the appellant that
there is 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 Ordinance.
2.
Hear and decide requests for interpretation of the Zoning Map or
Zoning Ordinance, or for decisions upon other special questions upon
which such Board is authorized by the Zoning ordinance to pass.
3.
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, 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 subsection 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 Section 47a of the Municipal Land Use Law
of 1975, c. 291, P.L. 1975.
4.
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 2/3 of the full
authorized membership of the Board.
b.
No variance or other relief may be granted under the provisions of
this section unless such variance or other relief can be granted without
substantial detriment to the public good and will not substantially
impair the intent and purpose of the zone plan and Zoning Ordinance.
Any application under any subsection of this section 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. 1-27-77 § 34-23]
a.
The Zoning Board of Adjustment shall, in addition to the powers specified in subsection 35-2.10 have power given by law to:
1.
Direct issuance of a permit pursuant to N.J.S.A. 40:55D-34 for a
building or structure in the bed of a mapped street or public drainageway,
flood control basin or public area reserved on the Official Map.
2.
Direct issuance of a permit pursuant to N.J.S.A. 40:55D-36 for a
building or structure not related to a street.
b.
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 N.J.S.A. 40:55D-67 whenever the Board is reviewing an application for approval of a use variance pursuant to subsection 35-2.10.
[Ord. No. 1-27-77 § 34-24]
The Board of Adjustment shall render its decision not later
than 120 days after the date an appeal is taken from the decision
of an administrative officer or not later than 120 days after the
date of the submission of a complete application for development to
the Board pursuant to the provisions of N.J.S.A. 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 the applicant shall constitute
a decision favorable to the applicant.
[Ord. No. 10-14-87 § 34-46]
a.
When Required. A public hearing shall be required for all applications
before the Board of Adjustment.
b.
Availability of Maps and Documents Prior to Hearing. 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 or clarify or supplement the previously
filed maps and documents.
[Ord. No. 10-14-87 § 34-47]
a.
The applicant shall give notice of a public hearing to the owners
of all real property, as shown on the current tax records, located
within 200 feet in all directions of the property in question.
b.
The notice shall state the date, time and place of the hearing; the nature of the matters to be considered; and identification of the property proposed for subdivision or development by street address and block and lot numbers as shown on the current tax duplicate of the Kearny Tax Assessor's office, a duplicate of which shall be forwarded to the administrative officer. The notice will also indicate that the maps and documents will be available at a specific time and location for public inspection pursuant to subsection 35-2.13b.
c.
Notice shall be given at least 10 days prior to the date of the public
hearing.
d.
Proof of service upon property owners and proof of publication in
affidavit form shall be submitted to the administrative officer no
less than 48 hours prior to the commencement of the public hearing.
[Ord. No. 10-14-87 § 34-48]
Upon the written request of an applicant, the administrative
officer of the respective boards of the Town of Kearny shall, within
seven days, make and certify a list from the current tax duplicates
of names and addresses of owners to whom the applicant is required
to give notice. The applicant shall be entitled to rely upon the information
contained in such list, and failure to give notice to any owner not
on the list shall not invalidate any hearing or proceeding.
a.
Other Notification. The applicant shall provide that notice for a
hearing on an application for the development of property be given
by personal service or certified mail to:
1.
The Clerk of a municipality involving property within 200 feet of
the municipality.
2.
The County Planning Board where the property is adjacent to an existing
County road or proposed road shown on the Official County Map or on
the County Master Plan, or where the property affects a County drainage
facility or adjoins other County land or is situated within 200 feet
of a municipal boundary.
3.
The Commissioner of Transportation where the property is adjacent
to a State highway.
4.
The Director of State and Regional Planning in the Department of
Community Affairs for an application exceeding 150 acres or 500 dwelling
units. Such notice shall include a copy of any maps or documents required
to be filed with the administrative officer of Kearny.
b.
Effect of Mailing Notice. Any notice made by certified mail shall
be deemed complete upon mailing.
c.
Verbatim Recording. The approving authority shall provide for the
verbatim recording of the proceedings by either stenographer or mechanical
or electronic means for public hearings. The authority shall furnish
its transcript, or duplicate recording in lieu thereof, on request
to any interested party at his expense.
d.
Written Findings and Conclusions. Each decision of the Board of Adjustment
shall be in writing and shall include findings of facts and conclusions
based thereon.
[Ord. No. 10-14-87 § 34-49]
a.
A copy of the decision shall be mailed by the Board of Adjustment within 10 days of the date of decision to the applicant or, if represented, to his attorney, without separate charge, and to all who request a copy of the decision for a fee as specified in Section 35-6. A copy of the decision shall also be filed by the approving authority in the office of the administrative officer.
The administrative officer shall make a copy of such filed decision
available for public inspection at his office during reasonable hours.
b.
A brief notice shall be published in the official newspaper of the
community. Such publication shall be arranged by the approving authority.
The period of time in which an appeal of the decision may be made
shall run from the publication of the decision.
[Ord. No. 10-14-87 § 34-50]
Whenever a corporation is the applicant before the Board of
Adjustment, the corporation must be represented by an attorney.
[Ord. No. 10-14-87 § 34-51]
Ten copies of a typewritten application shall be submitted to the administrative officer, on forms supplied by the approving authority. Receipt of an application for zoning variance approval shall be filed not less than 10 days prior to the regular meeting date of the approving authority. Required fees, as provided in Section 35-6 shall be submitted with the application form.
[Ord. No. 10-14-87 § 34-52]
The application shall be accompanied by 10 copies of a plot
plan. The plot plan shall be based on Tax Map information at a scale
not less than 50 feet to an inch. The plot plan shall be shown on
one sheet, certified by a licensed land surveyor as to existing features
and boundaries. The plot plan shall indicate:
a.
A map indicating all lots, with street address and dimensions of
same, within a 200-foot radius of the extreme limits of the parcel.
b.
All existing structures, their dimensions and location on the lot
in question. All proposed construction with dimension of same. A complete
set of plans or sketches of the proposed construction, alteration
or improvement.
c.
All Existing Off-Street Parking Facilities. All proposed parking
arrangements 10 feet in width and 20 feet in length).
d.
Block number, lot number, street address, name of owner and owner's
mailing address.
e.
Dimension of lot; i.e. lot frontage, depth, front, side and rear
yard setbacks, and bearings on street and property lines.
f.
Dimension of all lots adjoining the applicant's property; i.e. each
side, front and rear. The location and type of structures on each
lot, in relation to the applicant's property line.
g.
The names and addresses of owners of property in question and names
and addresses of all adjoining properties within 200 feet of the subject
property as they appear on the most recent municipal tax records,
together with Tax Map sheet reference, block and lot numbers.
h.
A denial of a building or use permit from the construction official.
[Ord. No. 10-14-87 § 34-53]
The applicant shall be required to submit the following for
Board of Adjustment approval:
a.
Proof that no taxes or assessments for local improvements are due
or delinquent for the property in question.
b.
Certified copy of deed if the applicant is owner, or certified copy
of contract of sale if applicant is purchaser under contract.
c.
Copy of a resolution and approved sketch plat from the Kearny Planning
Board if a subdivision was involved at any time in the past, if necessary.
d.
Payment of all required fees and escrow funds as provided herein.
e.
Enter into a developer's agreement, prepared by the approving authority
attorney, setting forth the obligations of all parties, where appropriate.
g.
Convey any easements, rights-of-way or public lands in a form and
under conditions satisfactory to the approving authority and the Town.
[Ord. No. 10-14-87 § 35-54]
a.
Cost of Transcripts. The applicant is required to pay the costs for
transcripts which must be obtained in all appeal cases to the Mayor
and Town Council and in other appeal cases where necessary.
[Ord. No. 10-14-87 § 34-54]
If a public permit is not obtained and paid for by the applicant
within nine months of the date of authorization of the variance by
the Board of Adjustment, such authorization and variance shall become
null and void.
[Ord. No. 1-27-77 § 34-25]
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. 1-27-77 § 34-26]
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
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 meetings shall be
held on notice to the Board's members and the public in accordance
with all applicable legal requirements.
c.
No action shall be taken at any meetings without a quorum being present.
d.
All actions shall be taken by majority vote of a quorum except as
otherwise required by any provisions of c. 291, P.L. 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, Chapter 231, Laws
of New Jersey 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 N.J.S.A. 40:55D-9.
[Ord. No. 1-27-77 § 34-27]
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; and the findings, if any, made by it and the reasons therefor.
The minutes shall thereafter be made available for public inspection
during normal business hours at the office of the Municipal 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 the minutes for his use as provided for
in the rules of the Board.
[Ord. No. 1-27-77 § 34-28]
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 are not otherwise provided by ordinance
may be provided for and adopted as part of the rules of the Board,
and copies of the rules or of the separate fee schedule shall be available
to the public.
[Ord. No. 1-27-77 § 34-29]
a.
Rules. The Planning Board and Zoning Board of Adjustment may make
rules governing the conduct of hearings before such bodies, which
rules shall not be inconsistent with the provisions of N.J.S.A. 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 Investigation Law,
P.L. 1953, c. 38 (N.J.S.A. 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 attorney, if represented, or
directly, if not represented, subject to the discretion of the presiding
officer and to reasonable limitations as to the 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 or 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. 1-27-77 § 34-30]
Whenever a hearing is required on an application for development
pursuant to N.J.S.A. 40:55D-1 et seq., the applicant shall give notice
thereof as follows:
a.
Public notice shall be given by publication in the official newspaper
of the municipality at least 10 days prior to the date of the hearing.
b.
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
and whether located within or without the municipality in which the
applicant's land is located. Such notice shall be given by serving
a copy thereof on the owner as shown on 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 as 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 corporate owner may be made by service upon its president, a
vice president, secretary or other person authorized by appointment
or by law to accept service on behalf of the corporation.
c.
Notice of all hearings on applications for development involving
property located within 200 feet of an adjoining municipality shall
be given by personal service or certified mail to the Clerk of such
municipality, which notice shall be in addition to the notice required
to be given pursuant to paragraph b to the owners of lands in such
adjoining municipality which are located within 200 feet of the subject
premises.
d.
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 Official County Map or on the County Master Plan, adjoining
other County land or situate within 200 feet of a municipal boundary.
e.
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.
f.
Notice shall be given by personal service or certified mail to the
Director of the Division of State and Regional Planning in the Department
of Community Affairs of a hearing on an application for development
of property which exceeds 150 acres or 500 dwelling units. Such notice
shall include a copy of any maps or documents required to be on file
with the Municipal Clerk pursuant to Section 6b of c. 291, P.L. 1975.
g.
All notices hereinabove specified in this section shall be given
at least 10 days prior to the date fixed for the hearing, and the
applicant shall file an affidavit of proof of service with the Board
holding the hearing on the application for development.
h.
Any notice made by certified mail as hereinabove required shall be
deemed to be complete upon mailing in accordance with the provisions
of N.J.S.A. 40:55D-14.
i.
Form of Notice. All notices required to be given pursuant to the
terms of this chapter shall state the date, time and place of the
hearing; the nature of the matters to be considered; identification
of the property proposed for development by street address, if any,
or by reference to lot and block numbers as shown on the current tax
duplicate in the Municipal Tax Assessor's office; and the location
and times at which any maps and documents for which approval is sought
are available as required by law.
[Ord. No. 1-27-77 § 34-31]
Pursuant to the provisions of N.J.S.A. 40:55D-12c, the administrative
officer of the municipality or the Tax Assessor shall, within seven
days after receipt of a request therefor and upon receipt of payment
of a fee of $10, 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 25-3.6b.
[Ord. No. 1-27-77 § 34-32]
a.
Each decision on any application for development shall be set forth
in writing as a resolution of the Board, which resolution shall include
findings of fact and legal conclusions based thereon.
b.
A copy of the decision shall be mailed by the Board within 10 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 Municipal 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 municipality.
[Ord. No. 1-27-77 § 34-33]
A brief notice of every final decision shall be published in
the official newspaper of the municipality. Such publication shall
be arranged by the Secretary of the Planning Board or Zoning Board
of Adjustment, as the case may be, without separate charge to the
applicant. The notice shall be sent to the official newspaper for
publication within 10 days of the date of any such decision.
[Ord. No. 1-27-77 § 34-34]
Pursuant to the provisions of N.J.S.A. 40:55D-39 and 40:55D-65,
every application for development submitted to the Planning Board
or to 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 provisions for the payment thereof in such manner
that the municipality will be adequately protected.
[Ord. No. 2007-(O)-32;
readopted 11-9-2021 by Ord. No. 2021-35]
a.
Any application made to the Planning Board or the Zoning Board of
Adjustment with regard to real property located within an area which
has been declared by the Mayor and Council to be a redevelopment area
pursuant to N.J.S.A. 40A:12A-1 et seq. shall not be deemed complete
pursuant to N.J.S.A. 40:55D-10.3 unless:
1.
The applicant is the redeveloper appointed pursuant to N.J.S.A. 40a:12a-8f
for the redevelopment area in which the real property which is the
subject of the application is located or the application is made with
the written consent of that redeveloper and the written consent is
attached to the application, and
2.
The application has been reviewed by the Mayor and Council which
in writing has found (i) that the said application is consistent with
the Redevelopment Plan adopted pursuant to N.J.S.A. 40A:12A-7 and
(ii) furthers the purposes of the Plan and such written findings are
attached to the application.
[Ord. No. 1-27-77 § 34-35]
An appeal to the Zoning Board of Adjustment may be taken by
any interested party affected by any decision of the administrative
officer of the municipality based on or made in the enforcement of
the Zoning Ordinance or Official Map. Such appeal shall be taken within
65 days by filing a notice of appeal in the manner set forth in Article
II, Section 34-19A, of this chapter and in accordance with the provisions
of Article 9 of the Municipal Land Use Law of 1975.
[Ord. No. 1-27-77 § 34-36]
An appeal from any final decision of the Planning Board may
be taken to the Governing Body, provided that such appeal shall be
made within 10 days of the date of publication of such final decision
of the Planning Board. Such appeal shall be made in accordance with
the provisions of N.J.S.A. 40:55D-17.
[Ord. No. 1-27-77 § 34-37]
An appeal from any decision of the Zoning Board of Adjustment
granting a use variance pursuant to the provisions of N.J.S.A. 40:55D-17d
may be taken to the Governing Body, provided that such appeal shall
be made within 10 days of the date of publication of such final decision
of the Zoning Board of Adjustment.
[Ord. No. 1-27-77 § 34-38]
Whenever a term is used in this chapter which is defined in
c. 291, P.L. 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. 1-27-77 § 34-39]
All sections of the Land Subdivision Ordinance, Zoning Ordinance,
Site Plan Review Ordinance or any other ordinance of the Town of Kearny
which contain provisions contrary to the provisions of this chapter
shall be and are hereby to the extent of such inconsistency repealed.
[Ord. No. 1-27-77 § 34-40]
Pursuant to the provisions of c. 291, P.L. 1975, Section 81,
the substantive provisions of the existing Land Subdivision Ordinance,
Zoning Ordinance and Site Plan Review Ordinance of the Town of Kearny
and the development regulations set forth therein shall continue in
full force and effect for a period of six months from the effective
date of the Act or until the Town exercises the authority delegated
by the Act to regulate development, whichever occurs first.
[Ord. No. 1-27-77 § 34-42]
This chapter shall be known and may be cited as the "Land Use
Procedures Ordinance of the Town of Kearny."
[Ord. No. 1-27-77 § 34-43]
Immediately upon adoption of this chapter the Municipal 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 municipality relating
to land use, such as the Subdivision, Zoning and Site Plan Review
Ordinances.
[Ord. No. 10-14-87 § 34-55]
a.
A filing fee of $25 shall be required for any application made to
the Kearny Board of Adjustment, except any variance application made
in conjunction with a building permit where the estimated cost of
construction is less than $1,000, in which case the application fee
shall be $5.
Any additional fees associated with a site plan or a subdivision shall be paid in accordance with Chapter 36, Subdivision and Site Plan Review.
b.
Inspection fees of 3% of the estimated construction costs of the
improvements, as determined by the Town Engineer as provided under
the escrow provisions of this section.
c.
Fees for Specific Services. The following fees shall be applicable
for the services described herein:
1.
Reproduction of minutes of meetings or other reproduction costs:
$0.25 per page or the reproduction costs, plus 10% for electronic
minutes.
2.
Costs of transcripts to interested parties: at cost to the municipality.
3.
Copy of decision: $0.25 per page, plus 10%.
4.
Certified list of persons requiring notice: $10.
5.
Publication notice: at cost to municipality.
d.
Escrow Fees. In addition to the required application fees established
herein, the applicant may be required to establish one or more escrow
accounts with the Town of Kearny to cover the reasonable costs of
professional review and consultation. The escrow fees may be required
for any variance request before the approving authority. Upon request
of a development application, the approving authority shall determine
if review is required. If review is required, the administrative officer
shall send a copy of the application and one set of all maps and supportive
data to the Town Engineer and the Planning Consultant. Within seven
days of the receipt of same, the professionals shall submit an estimate
of funds sufficient in amount to undertake technical reviews and findings
of fact relative to the application at hand. Such estimated fees shall
be approved by the approving authority. The applicant shall deposit,
forthwith upon demand, funds to meet such estimates, which funds shall
be required to be placed in an escrow account by the Town Treasurer
to be used as follows:
1.
The Engineer and Planning Consultant and any other professionals
engaged shall submit vouchers for all necessary fees for examination
and review, which shall be paid in an ordinary manner.
2.
Any of the aforesaid moneys left in the escrow account upon completion
of the project or phase of the application procedure, as the case
may be, shall be returned to the applicant as soon as it is possible.
3.
Should additional funds be required after the original funds are
exhausted, such funds as shall, in the judgment of the approving authority,
be necessary, shall be paid by the applicant to the Town Treasurer
and placed in the appropriate account or accounts.
4.
Upon receipt of sufficient funds for the escrow account; the administrative
officer shall notify the Engineer; Planning Consultant, and any other
professionals engaged that all appropriate examinations and reviews
shall be undertaken.
5.
The approving authority shall take no formal action unless all application
fees and escrow funds have been paid to the Town Treasurer.
e.
All fees required hereunder shall be paid in cash, certified check
or money order made payable to the Town of Kearny.
f.
Construction Official Fees. Construction Official fees shall be paid
at the office of the Construction Official upon filing of an application
for a building permit or certificate of occupancy as follows:
