Pursuant to the provision of N.J.S.A. 40:55D-1 et seq., a Planning
Board of nine members, as heretofore created, is hereby continued.
[Ord. No. 2002-904 § 1]
The nine members of the Planning Board shall, for convenience
in designating the manner of appointment, consist of the following
four classes:
Class I. The Mayor or the Mayor's designee in the absence of
the Mayor.
Class II. One of the officials of the Township other than a
member of the Township Committee to be appointed by the Mayor; provided
that the member of the Environmental Commission who is also a member
of the Planning Board as required by N.J.S.A. 40:56A-1 shall be deemed
to be the Class II Planning Board member if there is both a member
of the Zoning Board of Adjustment and a member of the Board of Education
among the Class IV members.
Class III. A member of the Township Committee to be appointed
by it.
Class IV. Six other citizens of the Township to be appointed
by the Township Committee. The members of Class IV shall hold no other
municipal office except that one member may be a member of the Zoning
Board of Adjustment and 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 be 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 common to the Planning Board and the Environmental Commission
shall be deemed a Class II member of the Planning Board.
[Ord. No. 2002-904 § 2]
A.
The term of the member composing Class I shall correspond to the
Mayor's official tenure or, if the member is the Mayor's designee
in the absence of the Mayor, the designee shall serve at the pleasure
of the Mayor during the Mayor's official tenure.
B.
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.
C.
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 occurs first.
D.
The term of a Class IV member who is also a member of the Board of
Adjustment, or 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.
E.
The terms of all Class IV members first appointed shall be so determined
that to the greatest practicable extent the expiration of such terms
shall be distributed evenly over the first four years of their appointment;
provided that the initial Class IV term of no member shall exceed
four years. Thereafter, the Class IV term of each such member shall
be four years.
F.
If a vacancy in any class shall occur otherwise than by expiration
of the Planning Board term, it shall be filled by appointment, as
provided above, for the unexpired term.
Any member other than a Class I member, after a public hearing
if he requests one, may be removed by the Township Committee for cause.
The Planning Board may employ, or contract for, and fix the
compensation of legal counsel, other than the Municipal Attorney,
and experts, and other staff and services as it may deem necessary,
not exceeding, exclusive of gifts or grants, the amount appropriated
by the Township Committee for its use.
The Planning Board shall elect a chairman, vice-chairman and
deputy secretary from the members of Class IV and select a secretary
who may be a member of the Planning Board or a Township employee designated
by the Board.
A.
Meetings of the Planning Board shall be held at least once a month
and on such dates as determined by the Planning Board at its annual
organization meeting and at the call of the Chairman. The Planning
Board may provide for special meetings, at the call of the chairman,
or on the request of any two of its members, which shall be held on
notice to its members and the public in accordance with municipal
regulations. No action shall be taken at any meeting without a quorum
being present. All actions shall be taken by a majority vote of the
members of the Planning Board present at the meeting except as otherwise
specifically required. Nothing herein shall be construed to contravene
any act providing for procedures for governing bodies.
B.
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 Open Public Meetings Act (N.J.S.A. 10:4-1 et seq.) and the Municipal
Land Use Law (N.J.S.A. 40:55D-1 et seq.).
C.
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 Administrative Officer.
Any interested party shall have the right to compel production of
the minutes for use as evidence in any legal proceedings concerning
the subject matter of such minutes. Such interested party may be charged
a fee based on the fee ordinance for reproduction of the minutes.
The powers of the Planning Board shall be in accordance with
N.J.S.A. 40:55D-25 as follows:
A.
In accordance with the provisions of N.J.S.A. 40:55D-28, to make
and adopt and from time to time amend a Master Plan for the physical
development of the Township including any areas outside its boundaries
which in the Board's judgment bear essential relation to the planning
of the Township.
B.
To review, at least once every six years, the Master Plan and the
development regulations of the Township as directed by the Township
Committee and in accordance with N.J.S.A. 40:55D-89 et seq.
C.
To administer the provisions of the Township's land development ordinance
in accordance with the provisions of that chapter and the applicable
provisions of the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.).
D.
To review and make recommendations to the Township Committee on the
official map of the Township pursuant to N.J.S.A. 40:55D-32 and N.J.S.A.
40:55D-26.
E.
To approve conditional use applications in accordance with the provisions
of the land development ordinance pursuant to N.J.S.A. 40:55D-67.
F.
When reviewing an application for approval of a subdivision plat,
site plan or conditional use to grant to the same extent and subject
to the restrictions as the Zoning Board of Adjustment:
1.
A variance pursuant to N.J.S.A. 40:55D-70c.
2.
Direction pursuant to N.J.S.A. 40:55D-34 for issuance of a permit
for a building or structure in the bed of a mapped street or public
drainage way, flood control basin or public area reserved pursuant
to N.J.S.A. 40:55D-32.
3.
Direction pursuant to N.J.S.A. 40:55D-36 for issuance of a permit
for a building or structure not related to a street.
4.
Whenever relief is requested pursuant to this paragraph F, 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.
G.
To prepare annually a program of municipal capital improvement projects
projected over a term of six years and amendments thereto, and recommend
same to the Township Committee.
H.
To consider and make a report to the Township Committee 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/or N.J.S.A.
40:55D-64, and also pass upon other matters specifically referred
to the Planning Board by the Township Committee pursuant to N.J.S.A.
40:55D-26b.
I.
To participate in the preparation and review of programs or plans
required by State or Federal law or regulations to the extent deemed
appropriate and at the request of the Township Committee.
J.
To assemble data on a continuing basis as part of a continuing planning
process.
K.
To perform such other advisory duties as are assigned to it by ordinance
or resolution of the Township Committee for the aid and assistance
of the Township Committee or other agencies and offices of the Township.
Pursuant to the provisions of N.J.S.A. 40:55D-1 et seq., a Zoning
Board of Adjustment, also hereinafter referred to as the Board of
Adjustment, as heretofore created, is hereby continued.
[Ord. No. 2005-976 § 1]
The Board of Adjustment shall be appointed by the Mayor and
consist of seven regular members and four alternate members. All shall
be residents of the Township. Alternate members shall be designated
at the time of appointment by the authority appointing them as "Alternate
No. 1," "Alternate No. 2," "Alternate No. 3" and "Alternate No. 4."
A.
The term of each regular member shall be four years and the term
of each alternate member shall be two years. Alternate members may
participate in discussions of the proceeding 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.
A vacancy occurring otherwise than by expiration of term shall be
filled for the unexpired term only.
A member may, after public hearing if he requests it, be removed
by the Township Committee for cause.
No member may hold any elective office or position under the
Township.
The Board of Adjustment may employ, or contract for, and fix
the compensation of legal counsel, other than the Municipal Attorney,
and experts and other staff and services as it may deem necessary,
not exceeding, exclusive of gifts or grants, the amount appropriated
by the Township Committee for its use.
The Board of Adjustment shall elect a chairman and vice chairman
from its members at its annual organizational meeting and select a
secretary who may or may not be a member of the Board of Adjustment
or a Township employee.
A.
Meetings of the Board of Adjustment shall be held at least once per
month and on such dates as determined by the Board of Adjustment at
its annual organization meeting and at the call of the chairman.
B.
The Board may fix, by rule, the manner in which the chairman may
issue any such call for a meeting and the amount of notice required
of any such call. The Board may also fix, by rule, the manner, including
the amount of notice in which meetings other than those at the call
of the chairman may be held.
C.
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 Administrative Officer.
Any interested party shall have the right to compel production of
the minutes for use as evidence in any legal proceedings concerning
the subject matter of such minutes. Such interested party may be charged
a reasonable fee for reproduction of the minutes for his use.
The powers of the Board of Adjustment shall be in accordance
with N.J.S.A. 40:55D-70 as follows:
A.
Hear and decide appeals where it is alleged that there is an error
in any order, requirement, decision or refusal made by an administrative
officer based on or made in the enforcement of the zoning regulations.
B.
Hear and decide requests for interpretation of the zoning map or
ordinance or for decisions upon other special questions upon which
the board is authorized to pass by any zoning or official map ordinance
in accordance with statute.
C.
(1) 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 other extraordinary and exceptional
situation uniquely affecting a specific piece of property or the structures
lawfully existing thereon, the strict application of any regulation
pursuant to N.J.S.A. 40:55D-62 et seq. will 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 the strict application
of such regulations so as to relieve such difficulties or hardship;
(2) where in an application or appeal relating to a specific piece
of property the purposes of this act will be advanced by a deviation
from the zoning ordinance requirements and the benefits of the deviation
will substantially outweigh any detriment grant a variance to allow
departure from regulations pursuant to N.J.S.A. 40:55D-62 et seq.;
provided, however, that no variance from those departures enumerated
in paragraph D of this section shall be granted under this subsection;
and provided further that the proposed development does not require
approval by the Planning Board of a subdivision, site plan or conditional
use in conjunction with which the Planning Board has power to review
a request for variance pursuant to N.J.S.A. 40:55D-60a.
D.
In particular cases and for special reasons, grant a variance to
allow departure from regulations pursuant to N.J.S.A. 40:55D-62 et
seq., to permit (1) a use or principal structure in a zone 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, (5) an increase in the permitted density 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 or (6) a height of
a principal structure which exceeds by 10 feet or 10% the maximum
height permitted in the zone for a principal structure. A variance
under this subsection shall be granted only by affirmative vote of
at least five members. In addition to the powers specified above,
the Board of Adjustment shall have the power given by law to:
1.
Direct issuance of a permit pursuant to N.J.S.A. 40:55D-34 for
a building or structure in the bed of a mapped street or drainage
way, 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.
3.
Grant, to the same extent and subject to the same restrictions
as the Planning Board, subdivision or site plan approval pursuant
to N.J.S.A. 40:55D-37 et seq. or conditional use approval pursuant
to N.J.S.A. 40:55D-67 whenever the proposed development requires approval
by the Board of Adjustment of a variance pursuant to N.J.S.A. 40:55D-70d.
The developer may elect to submit a separate application requesting
approval of the variance and a subsequent application for any required
approval of a subdivision, site plan, or conditional use. The separate
approval of the variance shall be conditioned upon grant of all required
subsequent approvals by the Board of Adjustment. The number of votes
of Board members required to grant any such subsequent approval shall
be as otherwise provided in the Municipal Land Use Law for the approval
in question and the special vote pursuant to the aforesaid N.J.S.A.
40:55D-70d shall not be required.
Whenever an application for a development requests relief pursuant
to this subsection, the Board of Adjustment shall grant or deny approval
of the application within 120 days after submission by a developer
of a complete application to the Administrative Officer or within
such further time as may be consented to by the applicant. 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. The period for granting or denying any subsequent
approval shall be as otherwise provided in these ordinances. Failure
of the Board of Adjustment 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 Board of Adjustment to act shall
be issued upon request of the applicant and it shall be sufficient
in lieu of the written endorsement or other evidence of approval herein
required and shall be so accepted by the county recording officer
for the purpose of filing subdivision plats.
Whenever review or approval of the application to the County
Planning Board is required, the Board of Adjustment shall condition
any approval that it grants upon timely receipt of a favorable report
on the application by the County Planning Board or approval by the
County Planning Board by its failure to report thereon within the
required time.
4.
Refer an application under this section to any appropriate person
or agency, including the Planning Board pursuant to N.J.S.A. 40:56D-26,
for its report; provided that such reference shall not extend the
period of time within which the Board of Adjustment shall act.
No variance or other relief may be granted under the terms of
this Chapter 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.
A.
Any variance from the terms of the zoning ordinance hereafter granted
by the Board of Adjustment permitting the use, erection or alteration
of any structure or structures, shall expire by limitation unless
an appropriate construction permit is taken out within one year of
the date of publication of the notice of the judgment or determination
of the Board of Adjustment or unless construction on said project
has commenced within two years of the date of publication of the notice
of the judgment or determination of the Board of Adjustment.
B.
The time limitations herein established may be extended for a period
not to exceed one year, for good cause, by the Board of Adjustment
upon application by the applicant.
A.
Appeal. Appeals to the Board of Adjustment may be taken by any interested
party affected by any decision of an Administrative Officer of the
Township based on or made in the enforcement of the zoning ordinance
or official map. Such appeal shall be taken within 20 days by filing
a notice of appeal with the officer from whom the appeal is taken
specifying the grounds of such appeal. The officer from whom the appeal
is taken shall immediately transmit to the Board all the papers constituting
the record upon which the action appealed from was taken.
B.
Application for development. A developer may file an application
for development with the Board of Adjustment for action under any
of its powers without prior application to an Administrative Officer.
C.
Time for decision.
1.
The Board of Adjustment shall render its decision not later
than 120 days after the date: (i) an appeal is taken from the decision
of an Administrative Officer, or (ii) the submission of a complete
application for development to the Board of Adjustment pursuant to
the provisions of N.J.S.A. 40:55D-72.
2.
Failure of the Board to render a decision within such 120 days
or within such further time as may be consented to by the applicant,
shall constitute a decision favorable to the applicant.
D.
Modification on appeal. The Board of Adjustment may reverse or affirm,
wholly or in part, or may modify the action, order, requirement, decision,
interpretation or determination appealed from and to that end have
all the powers of the Administrative Officer from whom the appeal
is taken.
E.
Stay of proceedings by appeal; exception. An appeal to the Board
of Adjustment shall stay all proceedings in furtherance of the action
in respect to which the decision appealed from was made unless the
officer from whose action the appeal is taken certifies to the Board
of Adjustment, after the notice of appeal shall have been filed with
him that by reasons of facts stated in the certificate, a stay will,
in his opinion, cause imminent peril to life or property. In such
case, proceedings shall not be stayed other than by an order of the
Superior Court upon notice to the officer from whom the appeal is
taken and on due cause shown.
No member or alternate member of the Planning Board or Zoning
Board of Adjustment shall be permitted to act on any matter in which
he has, either directly or indirectly, any personal or financial interest.
Whenever any such member shall disqualify himself from action on a
particular matter, he shall not continue to sit with the Board on
the hearing of such matter nor participate in any Board discussion
relating thereto.
A member of the Planning Board or Board of Adjustment who has
been 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 the member's absence from one or more
of the meetings; provided, however, that such Board member has available
the transcript or recording of all of the hearings from which the
member was absent, and certifies in writing to the Board that the
member has read such transcript or listened to such recording.
The appropriate municipal agency shall hold a hearing on each
application for development and/or adoption, revision or amendment
of the Master Plan; and the municipal agency shall make the rules
governing such hearings.
A.
Any maps or 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 clerk of the Board. The applicant may produce other documents,
records, or testimony at the hearing to substantiate, clarify or supplement
the previously filed maps and documents.
B.
The officer presiding at the hearing or such person as he or she
may designate shall have the power to administer oaths and issue subpoenas
to compel the attendance of witnesses and the production of relevant
evidence, including witnesses and documents presented by the parties,
pursuant to statute [N.J.S.A. 2A:67A-1 et seq.].
C.
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 time and number of witnesses.
D.
The municipal agency shall provide for the verbatim recording of
the proceedings by either stenographic, mechanical or electronic means.
The municipal agency shall furnish a transcript, or duplicate recording
in lieu thereof, on request to any interested party at his expense.
The charge shall be in accordance with the Township Committee's most
recent resolution establishing fees.
E.
Technical rules of evidence shall not be applicable to the hearing
but the agency may exclude irrelevant, immaterial or unduly repetitious
evidence.
F.
The municipal agency shall include findings of fact and conclusions
based thereon in each decision on any application for development
and shall reduce the decision to writing. The municipal agency shall
provide the findings and conclusions through:
1.
A resolution adopted at a meeting held within the time period
provided in the act for action by the municipal agency on the application
for development; or
2.
A memorializing resolution adopted at a meeting held not later
than 45 days after the date of the meeting at which the municipal
agency voted to grant or deny approval. Only the members of the municipal
agency 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 the resolution. An action pursuant to Section
5 of the Act (N.J.S.A. 40:55D-9) (resulting from the failure of 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.
The vote on any such resolution shall be deemed to be a memorialization
of the action of the municipal agency and not to be an action of the
municipal agency; 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 N.J.S.A. 40:55D-10. If the municipal
agency fails to adopt a resolution or memorializing resolution as
hereinabove specified, any interested party may apply to the Superior
Court in a summary manner for an order compelling the municipal agency
to reduce its findings and conclusions to writing within a stated
time and the cost of the application, including attorney's fees, shall
be assessed against the municipality.
G.
A copy of the decision shall be mailed by the municipal agency within
10 days of the date of decision to the applicant, or if requested,
to his attorney, without separate charge, and to all who request a
copy of the decision at the fee prescribed in paragraph D above. A
copy of the decision shall also be filed by the municipal agency in
the office of the Administrative Officer. The Administrative Officer
shall make a copy of such filed decision available to any interested
party for the prescribed fee and the decision shall be available for
public inspection at the office of the Administrative Officer during
the normal business day.
H.
A brief notice of the decision shall be published in the official
newspaper of the municipality by the Clerk of the municipal agency
within 10 days of the decision. The period of time in which an appeal
of the decision may be made shall run from the date of the publication
of the decision.
A.
Notices given. Notice shall be given by the applicant, at least 10
days prior to the date of the hearing as follows:
1.
Developments. Public notice of hearing on an application for
development shall be given except for minor subdivisions and minor
site plans as defined by this Chapter and final subdivision plat approval.
2.
Ancillary powers. Public notice of a hearing shall also be given
in the event that relief is requested pursuant to the ancillary powers
of the Planning Board as described in N.J.S.A. 40:55D-60.
3.
Nearby property owners. Notice of a hearing shall be given to
the owners of all real property as shown on the current tax duplicate,
within 200 feet in all directions of the property which is the subject
of the hearing; provided that this requirement shall be deemed satisfied
by notice to the (1) condominium association in the case of any unit
owner whose unit has a unit above or below it, or (2) horizontal property
regime, in the case of any co-owner whose apartment has an apartment
above or below it. Upon the written request of an applicant, the Administrative
Officer shall, within seven days, make and certify a list from said
current tax duplicates of names and addresses of owners to whom the
applicant is required to give notice. The list shall also include
the names, addresses and positions of those persons who, not less
than seven days prior to the date on which the applicant requested
the list, have registered to receive notice. A fee not to exceed $0.25
per name or a maximum of $10 shall be charged for the list.
4.
Partnerships and corporations. 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, 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 home owners 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 unit owners, co-owners, or homeowners on account of such common
elements or areas.
5.
Adjoining municipalities. 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.
6.
County lands. 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 situated within 200 feet of a municipal
boundary.
7.
State highways. Notice shall be given by personal service or
certified mail to the Commissioner of Transportation for a hearing
on an application for development of property adjacent to a State
highway.
8.
Office of State Planning. Notice of a hearing on an application
for development of property which exceeds 150 acres or 500 dwelling
units shall be given by personal service or certified mail to the
Director of the New Jersey Office of State Planning (OSP). Such notice
shall include a copy of any maps or documents required to be on file
with the Administrative Officer.
B.
Proof of service, The applicant shall file an affidavit of proof
of service with the municipal agency holding the hearing on the application
for development whenever notice pursuant to this section is required.
The Planning Board shall give:
A.
Public notice of a hearing on adoption, revision or amendment of
the Master Plan; such notice shall be given by publication in the
official newspaper of the Township at least 10 days prior to the date
of the hearing.
B.
Notice by personal service or certified mail to the Clerk of an adjoining
municipality of all hearings on adoption, revision or amendment of
the Master Plan involving property situated within 200 feet of such
adjoining municipality at least 10 days prior to the date of any such
hearing.
C.
Notice by personal service or certified mail to the County Planning
Board of:
1.
All hearings on the adoption, revision or amendment of the Master
Plan at least 10 days prior to the date of the hearing; such notice
shall include a copy of any such proposed Master Plan, or any revision
or amendment thereto; and
2.
The adoption, revision or amendment of the Master Plan not more
than 30 days after the date of such adoption, revision or amendment;
such notice shall include a copy of the Master Plan or revision or
amendment thereto.
Notice of action on capital improvement or official map shall
be made as follows:
A.
Notice by personal service or certified mail shall be made to the
Clerk of an adjoining municipality of all hearings on the adoption,
revisions or amendment of a development regulation involving property
situated within 200 feet of such adjoining municipality at least 10
days prior to the date of any such hearing.
B.
Notice by personal service or certified mail shall be made to the
County Planning Board of:
1.
All hearings on the adoption, revision or amendment of any development
regulation at least 10 days prior to the date of the hearing; and
2.
The adoption, revision or amendment of the municipal capital
improvement program or municipal official map not more than 30 days
after the date of such adoption, revision or amendment. Any notice
provided hereunder shall include a copy of the proposed development
regulation, the municipal official map or the municipal capital program,
or any proposed revision or amendment thereto as the case may be.
A.
Notices of applications for development and Master Plan shall state
the date, time and place of the hearing, the nature of the matters
to be considered and, in the case of applications for development,
an identification of the property proposed for development by street
address, if any, or by reference to the 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 for inspection.
B.
Notices of hearings on ordinance or capital improvement program,
action on capital improvement or official map shall state the date,
time and place of the hearing and the nature of the matters to be
considered.
C.
Any notice by certified mail pursuant to this Chapter shall be deemed
complete upon mailing.
Both boards shall adopt such rules and regulations as may be
necessary to carry out the provisions and purposes of this Chapter.
Such rules and regulations shall be adopted annually and forwarded
to the Township Clerk.
A.
The purpose of this Chapter is to establish an Historic Preservation
Commission in accordance with N.J.S.A. 40:55D-107 of the Municipal
Land Use Law. This Commission is established in recognition that Branchburg
contains buildings and sites of special character and historic and
aesthetic values, that these buildings and areas of the Township reflect
elements of the cultural, social, economic and architectural history
of Branchburg and that preservation and enhancement of such elements
shall be encouraged wherever possible.
B.
These elements are part of the inherent community design of Branchburg
and play an important role in maintaining the scenic quality and visual
character of Branchburg.
C.
The goals of the Historic Preservation Commission are to:
1.
Effect and accomplish the protection, enhancement and preservation
of such sites and structures which exhibit historical, architectural
or cultural significance for the community.
2.
Maintain and develop harmonious settings for such structures
and locations.
3.
Promote the use of designated historic structures, sites, and
areas for the education, welfare and pleasure of this and future generations
of the residents of Branchburg Township and of Somerset County as
a whole.
There is hereby established an Historical Preservation Commission
for the protection, enhancement and preservation of districts, sites,
buildings and structures of historic, cultural or architectural value
of interest within the Township of Branchburg and to carry out the
duties and responsibilities set forth in N.J.S.A. 40:55D-107 et seq.
A.
The Historic Preservation Commission shall consist of seven regular
members and may have not more than two alternate members. There shall
be at least one member from Class A, at least one member from Class
B, and four members from Class C. Class qualifications shall be as
follows:
1.
Class A: A person who is knowledgeable in building design and
construction or architectural history and who may reside outside the
municipality.
2.
Class B: A person who is knowledgeable or with a demonstrated
interest in local history and who may reside outside the municipality.
3.
Class C: Citizens of the municipality who shall hold no other
municipal office, position or employment, except for membership on
the Planning Board or Board of Adjustment.
B.
Alternate members shall meet the qualifications of Class C members.
A.
The Mayor shall appoint all members of the Commission and shall designate
at the time of appointment the regular members by class and the alternate
members, if any, as "Alternate No. 1" and "Alternate No. 2."
B.
The term of a regular member shall be four years; and the term of
an alternate member shall be two years.
C.
A vacancy occurring otherwise than by expiration of term shall be
filled for the unexpired term only. Notwithstanding any other provision
herein, the term of any member common to the Historic Preservation
Commission and the Planning Board shall be for the term of membership
on the Planning Board; and the term of any member common to the Historic
Preservation Commission and the Board of Adjustment shall be for the
term of membership on the Board of Adjustment.
The Historic Preservation Commission shall elect a Chairman
and Vice Chairman from its members, and select a Secretary who may
or may not be a member of the Historic Preservation Commission or
a municipal employee.
The Commission shall create rules and procedures for the transaction
of its business subject to the following regulations:
A.
A quorum for the transaction of business shall consist of five of
the Commission's members, including the Chairman or, in his or her
absence, the Vice Chairman.
B.
The Secretary shall keep minutes and records of all meetings and
proceedings, including voting records, attendance, resolutions, findings,
determinations and decisions. All such material shall be public records.
C.
All meetings shall comply with the Open Public Meetings Act (N.J.S.A.
10:4-7, et seq.).
D.
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.
E.
No member of the Historic Preservation Commission shall be permitted
to act on any matter in which he has, either directly or indirectly,
any personal or financial interest.
F.
A member of the Historic Preservation Commission may (after public
hearing if he requests it) be removed by the Township Committee for
cause.
A.
The Commission members shall serve without compensation.
B.
The Historic Preservation Commission may employ, contract for and
fix the compensation of experts and other staff and services as it
shall deem necessary. The Commission shall obtain its legal counsel
from the Township Attorney at the rate of compensation determined
by the Township Committee, unless the Township Committee, by appropriation,
provides for separate legal counsel for the Commission. Expenditures
pursuant to this subsection shall not exceed, exclusive of gifts or
grants, the amount appropriated by the Township Committee for the
Commission's use.
The Historic Preservation Commission shall have the responsibility
to:
A.
Prepare a survey of historic sites of the Township, pursuant to criteria
identified in the survey report.
B.
Make recommendations to the Planning Board on the historic preservation
plan element of the Master Plan and on the implications for preservation
of historic sites of any other Master Plan elements.
C.
Advise the Planning Board on the inclusion of historic sites in the
recommended capital improvement program.
D.
Advise the Planning Board and Board of Adjustment on applications
for development pursuant to this Chapter.
E.
Provide written reports, pursuant to this Chapter, on the application
of the Zoning Ordinance provisions concerning historic preservation.
F.
Carry out such advisory, educational and informational functions
as well as promote historic preservation in Branchburg.
G.
Report to the Township Committee on the first October meeting of
the Committee on matters that come before the Historic Commission
during the previous year and recommendations to assist the Historic
Commission in carrying out its duties.
A.
Historic site and historic districts regulated under this Chapter
shall be those identified in the Historic Preservation Element of
the Master Plan pursuant to N.J.S.A. 40:55D-65.1.
B.
The Historic Preservation Commission shall make recommendations as
to the inclusion, exclusion or amendment of historic sites and districts
in the Master Plan as per above.
C.
The Township Committee may, at any time, adopt, by affirmative vote
of a majority of its authorized membership, historic sites or districts
for inclusion in these regulations that are not based on identifications
in the historic preservation plan element, the land use plan element
or community facilities plan element, provided the reasons for the
action of the Township Committee are set forth in a resolution and
recorded in the minutes of the Township Committee.
The Planning Board and Board of Adjustment shall submit to the
Historic Preservation Commission a copy of every application for development
submitted to either Board in historic zoning districts or on historic
sites designated on the zoning or official map or in any component
element of the Master Plan. The Historic Preservation Commission shall
provide its advice which shall be conveyed through its delegation
of one of its members or staff to testify orally at the hearing on
the application, and to explain any written reports which may have
been submitted.
All applications for issuance of permits pertaining to historic
sites shall be referred to the Historic Preservation Commission for
a written report on the application of the Zoning Ordinance provisions
concerning historic preservation, to any of those aspects of the proposed
change, which aspects were not determined by approval of an application
for development by a municipal agency pursuant to the Municipal Land
Use Law (N.J.S.A. 40:55D-1 et seq.).
The Historic Preservation Commission shall submit its report
to the Planning Board, which shall report to the Administrative Officer
within 45 days of his referral of the application to the Historic
Preservation Commission. If within the forty-five-day period, the
Planning Board recommends to the Administrative Officer against the
issuance of a permit or recommends conditions to the permit, the Administrative
Officer shall deny issuance of the permit or include the conditions
in the permit, as the case may be. Failure to report within the forty-five-day
period shall be deemed to constitute a report in favor of issuance
of the permit and without the recommendation of conditions of the
permit.
Only the Planning Board or Board of Adjustment shall have the
authority to impose any limitations or conditions on a permit application
based on historic designation.
