[1985 Code § 15-1.1; Ord. No. 17-07 § 1]
There is hereby established pursuant to N.J.S.A. 40:55D-23,
in the Borough of East Newark, a Planning Board of nine members consisting
of the following four classes:
a.
Class I: the Mayor, or the Mayor's designee in the absence of the
Mayor.
b.
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 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 Borough 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.
[1985 Code § 15-1.2]
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 first appointed pursuant to this
chapter shall be so determined that to the greatest practicable extent
the expiration of such terms shall be evenly distributed over the
first four years after their appointment as determined by resolution
of the Governing Body; provided, however, that no term of any member
shall exceed four years, and further provided that nothing herein
shall affect the terms of any present members of the Planning Board,
all of whom shall continue in office until the completion of the terms
for which they were appointed. Thereafter all Class IV members shall
be appointed for terms of four years except as otherwise herein provided.
All terms shall run from January 1 of the year in which the appointment
was made.
[1985 Code § 15-1.3]
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.
[1985 Code § 15-1.4]
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.
[1985 Code § 15-1.5]
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.
[1985 Code § 15-1.6]
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.
[1985 Code § 15-1.7]
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 Borough, including any areas outside its
boundaries which in the Board's judgment bear essential relation to
the planning of the Borough, in accordance with the provisions of
N.J.S.A. 40:55D-28.
b.
To administer the provisions of the Land Subdivision Ordinance and
Site Plan Review Ordinance[1] of the Borough in accordance with the provisions of said
ordinances 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 Borough 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 restriction as the Zoning Board of Adjustment.
1.
Variances pursuant to N.J.S.A. 40:55D-70c 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 N.J.S.A. 40:55D-34 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 N.J.S.A. 40:55D-32.
3.
Direction pursuant to N.J.S.A. 40:55D-35 for issuance of a permit
for a building or structure not related to a street.
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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.
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h.
To perform such other advisory duties as are assigned to it by ordinance
or resolution or the Governing Body for the aid and assistance of
the Governing Body or other agencies or officers.
[1985 Code § 15-1.8]
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 30-1.7g, of this section, 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 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.
[1985 Code § 15-1.9]
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 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.
[1985 Code § 15-1.10]
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.
[1985 Code § 15-1.11]
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 proceedings.
[1985 Code § 15-1.12]
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.
[1985 Code § 15-2.1]
Pursuant to Section 8c of P.L. 1985, c. 516, amending N.J.S.A.
40:55D-25, because the Borough has a population of 2,500 or less,
the Planning Board shall exercise, to the same extent and subject
to the same restrictions, all the powers of a board of adjustment;
but the Class I and Class III members shall not participate in the
consideration of applications for development which involve relief
pursuant to subsection d of Section 57 of P.L. 1975, c. 291 (N.J.S.A.
40:55D-70.).
[1985 Code § 15-2.2]
a.
The powers of the Planning Board, in exercising the zoning board
of adjustment function, 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 Planning
Board in exercising the zoning board of adjustment function 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 proceedings 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 said 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.
[1985 Code § 15-2.3]
a.
Appeals to the Planning Board, exercising the zoning board of adjustment
function, 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 said
notice with the Secretary of the Board. Said notice of appeal shall
specify the grounds for said 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 Planning
Board, exercising board of adjustment function, without prior application
to an administrative officer shall be filed with the Secretary of
the Board. 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. The applicant
shall obtain all necessary forms from the Secretary of the Board.
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, 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 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.
[1985 Code § 15-2.4]
In exercising the above-mentioned power, the Board 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.
[1985 Code § 15-2.5]
Any variance from the terms of this chapter hereafter granted
by the Planning Board, exercising the board of adjustment function,
or 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 said 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;
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 to the Governing Body or to a Court of competent
jurisdiction, until the termination in any manner of such appeal or
proceedings.
[1985 Code § 15-2.6]
a.
The Planning Board, exercising board of adjustment function, 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 for its report, provided that
such reference shall not extend the period of time within which the
Board shall act.
[1985 Code § 15-2.7]
a.
The Planning Board, exercising board of adjustment function, shall, in addition to the powers specified in subsection 30-2.6 of this section, 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 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 30-2.6a4.
[1985 Code § 15-2.8]
The Planning Board, exercising the board of adjustment function,
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.
[1985 Code § 15-3.1]
No member of the Planning Board 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.
[1985 Code § 15-3.2]
a.
Meetings of the Planning Board 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 provision 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.
[1985 Code § 15-3.3]
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.
[1985 Code § 15-3.4]
Fees for applications or for the rendering of any service by
the Planning Board or any member of its administrative staff which
are not otherwise provided by ordinance may be provided for and adopted
as part of the rules of the Board, and copies of said rules or of
the separate fee schedule shall be available to the public.
[1985 Code § 15-3.5]
a.
Rules. The Planning Board may make rules governing the conduct of
hearings before such body, 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 of any interested party at his expense.
[1985 Code § 15-3.6]
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 said 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 said 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 above to the owner 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 Laws of
New Jersey 1975.
g.
All notices hereinabove specified in this subsection 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 references to lot and block numbers as shown on the current
tax duplicate in the Municipal Tax Assessor's office; and the location
and time at which any maps and documents for which approval is sought
are available as required by law.
[1985 Code § 15-3.7]
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 therefore 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 30-3.6b of this section.
[1985 Code § 15-3.8]
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.
[1985 Code § 15-3.9]
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 without separate
charge to the applicant. Said notice shall be sent to the official
newspaper for publication within 10 days of the date of any such decision.
[1985 Code § 15-3.10]
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 said 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.
[1985 Code § 15-4.1]
An appeal to the Planning Board, exercising the zoning board of adjustment function, 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 Ordinances or Official Map. Such appeal shall be taken within 65 days by filing a notice of appeal in the manner set forth in subsection 30-2.3a of this chapter and in accordance with the provisions of Article 9 of the Municipal Land Use Law of 1975.
[1985 Code § 15-4.2]
An appeal from any final decision of the Planning Board on a
planning matter 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.
[1]
Editor's Note: Former subsection 30-4.3, Appeals from Zoning
Board of Adjustment to Governing Body, previously codified herein
and containing portions of 1985 Code § 15-4.3, was repealed
in its entirety by Ordinance No. 17-07.
[1985 Code § 15-5.1]
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.
[1985 Code § 15-5.2]
All sections of the Land Subdivision Ordinance, Zoning Ordinance,
Site Plan Review Ordinance or any other ordinance of the Borough of
East Newark which contain provisions contrary to the provisions of
this chapter shall be and are hereby to the extent of such inconsistency
repealed.
[1985 Code § 15-5.3]
All applications for development filed prior to the effective date of this chapter may be continued, but any appeals arising out of decisions made on any such application shall be governed by the provisions of Section 30-4 of this chapter.
[1985 Code § 15-5.4]
This chapter shall be known and may be cited as the "Land Use
Procedures Ordinance of the Borough of East Newark."
[1985 Code § 15-5.5]
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.
[1985 Code § 15-5.6]
This chapter shall take effect immediately upon final passage
and publication according to law.
a.
A construction permit and or a certificate of occupancy issued in
accordance with the New Jersey State Construction Code shall satisfy
the purpose of a permit, upon the satisfaction of the further conditions
and requirements set forth in this section. Every application for
a zoning permit shall be made, in writing, by the owner or his authorized
agent and shall include a statement of the use or intended use of
the structure or vacant land and shall be accompanied by a plan drawn
to lot and street lines. The Zoning Officer (Construction Code Official)
shall grant or refuse a permit within 10 days of receipt of application,
except when site plan approval is required, in which case the Zoning
Officer shall grant or refuse the permit upon receipt of notice of
the final action on the site plan by the Planning Board. If the Zoning
Officer refuses to issue a permit hereunder, he shall state in writing,
the grounds of his refusal.
b.
Permit Required.
1.
A zoning permit shall be obtained from the Zoning Officer for any
of the following:
2.
No such construction, alteration, occupancy, use or change of occupancy,
ownership or use shall take place until zoning permit therefor has
been issued by the Zoning Officer and no excavation for any building
or use of land shall commence until a zoning permit for such building
or use has been issued by the Zoning Officer.
c.
If the occupancy and use of a building or of land for which a zoning
permit has been issued in the form of a certificate of occupancy are
not commenced within six months after the date of such issuance or
such longer period as the Zoning Officer may authorize in writing
because of the occurrence of conditions unforeseen at the time of
issuance, such occupancy permit shall expire and a new occupancy permit
shall be obtained before such occupancy and use are commenced. No
such extension of time for a longer period than 90 days shall be authorized
except upon approval by the Planning Board.
d.
A certificate of occupancy shall be deemed to authorize and is required
for both the initial and continued occupancy and use of a building
or land to which it applies and shall continue in effect as long,
and only as long as such building and the use thereof or the use of
such land are in full conformity with the provisions of this section
and any requirements made pursuant thereto.
e.
Continuance; Interpretation. Any nonconforming use or structure or
any lawful use on a nonconforming lot may be continued on the lot
or in the structure so occupied. Nothing in this section shall be
deemed to constitute a waiver of a violation of any Zoning Ordinance
heretofore adopted or to make lawful any unlawful nonconforming use
or structure. (All nonconforming use or structure shall be based upon
the 1985 Revaluation Inspection and findings, as is on file in the
Tax Assessor's Office).
f.
Enforcement.
1.
The provisions of this section shall be enforced by the Construction
Code Official who shall be known as the Zoning Officer for the purpose
of this section. It shall be his duty to keep a record of all applications
for permits and a record of all such permits issued and a notation
of any conditions that may have been imposed under the provisions
of this section. He shall file and safely keep copies of all plans
submitted. He shall also keep a record of every identifiable complaint
of a violation of any of the provisions of this ordinance and of the
action taken on the complaint. All such records and plans shall form
a part of the records of his office.
2.
Certificate of Occupancy Inspection Fees. $50 for inspection of not
more than five rooms of each dwelling unit and $7.50 additional for
each room of such dwelling unit in excess of five rooms. There shall
be a charge of $50 for inspection of not more than three rooming units
of each rooming house and $7.50 additional for each rooming unit of
such rooming house in excess of three rooming units. There shall be
a charge for the inspection of mercantile, industrial, and business
building according to the following schedule:
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From 0 to 1,000 square feet — $25 minimum fee
and $0.10 for each square foot, but no more than $100 in total; and
from 4,001 to 10,000 square feet $100 minimum and $0.0040 for each
square foot, but no more than $200 in total.
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