[Ord. No. 00-40, 7-24-2000]
A.
Classes of membership. A Planning Board is hereby established consisting
of nine regular and two alternate members of the following four classes:
1.
Class I - The Mayor or the Mayor's designee in the absence of the
Mayor.
2.
Class II - One of the officials of the municipality, other than a
member of the governing body, to be appointed by the Mayor, provided
that any 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 regular or alternate members.
3.
Class III - A member of the governing body to be appointed by it.
4.
Class IV - Regular Members. Six other members of the municipality
to be appointed by the governing body. The members of Class IV shall
hold no other municipal office, position, or employment except that
one such member may be a member of the Zoning Board of Adjustment
or Historic Preservation Commission. No member of the Board of Education
may be a Class IV member of the Planning Board, except that in the
case of a nine-member board, one Class IV member may be a member of
the Board of Education. If there is an Environmental Commission, 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 a Class
IV Planning Board member, unless there be among the Class IV or alternate
members of the Planning Board both a member of the Zoning Board of
Adjustment or Historic Preservation Commission and a member of the
Board of Education, in which case the member common to the Planning
Board and Environmental Commission shall be deemed a Class II member
of the Planning Board. For the purpose of this subsection, membership
on a municipal board or committee whose function is advisory in nature,
and the establishment of which is discretionary and not required by
statute, shall not be considered the holding of a municipal office.
5.
Class IV - Alternate Members. Two other citizens of the municipality
to be appointed by the governing body. Alternate members shall meet
the qualifications of Class IV regular members and shall be designated
by the governing body at the time of their appointment as "Alternate
No. I" and "Alternate No. 2."
6.
The adoption of this Chapter shall not be construed to affect any
standing member of the Planning Board.
B.
Terms of membership.
1.
The term of the member composing Class I shall correspond with his
or her official tenure.
2.
The terms of the members composing Class II and Class III shall be
for one year or shall terminate at the completion of their respective
terms of office, whichever occurs first, except for a Class II member
who is also a member of the Environmental Commission. The term of
a Class II or Class IV member who is also a member of the Environmental
Commission shall be for three years or terminate at the completion
of term of office as a member of the Environmental Commission, whichever
comes first.
3.
The term of Class IV member who is also a member of the Zoning Board
of Adjustment or the Board of Education shall terminate whenever he
or she is no longer a member of such other body or at the completion
of his or her Class IV term, whichever comes first.
4.
The term of each Class IV regular member shall be four years.
5.
The terms of the Class IV alternate members shall be two years, except
that the terms of the alternate members shall be such that the term
of not more than one alternate member shall expire in any one year.
C.
Role of alternate members. Alternate members may participate in discussions
of the proceedings but may not vote except in the absence or disqualification
of a regular member of any Class. A vote shall not be delayed in order
that a regular member may vote instead of an alternate member. In
the event that a choice must be made as to which alternate member
is to vote, "Alternate No. 1" shall vote.
D.
Vacancies. If a vacancy of any Class shall occur otherwise than by
expiration of term, it shall be filled for the unexpired term only.
E.
Compensation. Members of the Planning Board shall serve without compensation
except that reimbursement of reasonable expenses in the execution
of official duties may be made by the municipality.
F.
Removal. Any member other than a Class I member may be removed by
the governing body for cause but only after public hearing and other
due process proceedings.
G.
Conflict. No member or alternate member of the Planning Board shall
be permitted to act on any matter in which he or she has either directly
or indirectly any personal or financial interest. A member who is
so disqualified may not act on that particular matter, shall not continue
to sit with the Board on the hearing of such matter, nor shall participate
in any discussion or decision.
H.
Substitute members. If the Planning Board lacks a quorum of its regular
or alternate members either by reason of vacancy or conflict of interest,
regular members of the Zoning Board of Adjustment shall be called
upon to serve, for that matter only, as temporary members of the Planning
Board. Such temporary members shall be selected in order of seniority
of continuous service to the Zoning Board of Adjustment until the
required minimum number of members necessary to constitute a quorum
has been reached. The Chairperson of the Zoning Board of Adjustment
shall determine which member serves in the event there are members
of equal seniority.
I.
Reorganization. Yearly, the Planning Board shall organize by selecting
from among its Class IV regular members a Chairman and a Vice Chairman.
The Board shall also select a Secretary who may or may not be a member
of the Board or a municipal employee.
J.
Funding. The Township Committee shall make provisions in its budget
and appropriate funds for the expenses of the Planning Board.
K.
Board attorney. The position of Planning Board Attorney is hereby
created. The Planning Board may annually appoint to such office and
fix compensation or rate of compensation of an attorney-at-law of
New Jersey other than the municipal attorney. The adoption of this
Chapter shall not be construed to affect any existing appointment.
L.
Staff. The Planning Board may also employ or contract for and fix
compensation of such experts and other staff and services as it may
deem necessary. The Board, however, shall not authorize expenditures
which exceed, exclusive of gifts or grants, the amounts appropriated
by the Township Committee for its use.
[Ord. No. 00-40, 7-24-2000]
The Planning Board shall have the powers listed below in addition
to other powers established by law:
A.
Make, adopt, and from time to time, amend a master plan for the physical
development of the municipality, including any areas outside its boundaries
which, in the Board's judgment, bear essential relation to the planning
of the municipality;
B.
Participate in the preparation and review of programs or plans required
by state or federal law or regulation;
C.
Assemble data on a continuing basis as part of a continuous planning
process;
D.
Annually, prepare a program of municipal capital improvements projects
projected over a term of six years and amendments thereto and recommend
same to the Township Committee;
E.
Consider and make report to the Township Committee within 35 days
after referral as to any proposed development regulation submitted
to it and also pass upon other matters specifically referred to the
Planning Board by the Township Committee;
F.
Prepare, at least every six years, a periodic reexamination of the
Master Plan;
G.
The Planning Board shall have such other powers as prescribed by
law, including, but not limited to, the power to grant the following
variances, to the same extent and subject to the same restrictions
as the Zoning Board of Adjustment, when the Planning Board is reviewing
applications for approval of subdivision plans, site plans or conditional
uses:
1.
Variances pursuant to N.J.S.A. 40:55D-70a-c;
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; and
3.
Direction pursuant to N.J.S.A. 40:55D-35 for issuance of a permit
for a building or structure on a lot not abutting a street.
[Ord. No. 00-40, 7-24-2000]
A.
Membership. Zoning Board of Adjustment is hereby created consisting
of seven regular members and four alternate members, each of whom
shall be appointed by the Township Committee.
[Amended 6-27-2005 by Ord. No. 05-19]
B.
Terms of members.
1.
The term of each regular member shall be four years and the term
of each alternate member shall be two years.
2.
Alternate members shall be designated at the time of their appointment
as "Alternate No. 1," "Alternate No. 2," "Alternate No. 3" and "Alternate
No. 4."
[Amended 6-27-2005 by Ord. No. 05-19]
3.
The adoption of this Chapter shall not be construed to affect any
standing member of the Zoning Board of Adjustment.
C.
Role of alternate members. 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.
D.
Additional memberships. No member of the Zoning Board of Adjustment
shall hold an elective office or position under the municipality.
E.
Compensation. Members of the Zoning Board of Adjustment shall serve
without compensation except that reimbursement of reasonable expenses
in the execution of official duties may be made by the municipality.
F.
Removal. Any member may be removed by the governing body for cause
but only after public hearing and other due process proceedings.
G.
Vacancies. If a vacancy shall occur otherwise than by expiration
of term, it shall be filled for the unexpired term only.
H.
Conflict. No member or alternate member of the Zoning Board of Adjustment
shall be permitted to act on any matter in which he or she has either
directly or indirectly any personal or financial interest. No member
who is so disqualified may act on that particular matter, shall not
continue to sit with the Board on the hearing of such matter, nor
shall participate in any discussion or decision.
I.
Substitute members. If the Zoning Board of Adjustment lacks a quorum
of its regular or alternate members either by reason of vacancy or
conflict of interest, Class IV members of the Planning Board shall
be called upon to serve, for that matter only, as temporary members
of the Zoning Board. Such temporary members shall be selected in order
of seniority of continuous service to the Planning Board until the
required minimum number of members necessary to constitute a quorum
has been reached. The Chairman or Chairwoman of the Planning Board
shall determine which member serves in the event there are members
of equal seniority.
J.
Reorganization. Yearly, the Zoning Board of Adjustment shall organize
by selecting from among its regular members a Chairman and a Vice
Chairman. The Board shall also select a Secretary who may or may not
be a member of the Board or a municipal employee.
K.
Funding. The Township Committee shall make provisions in its budget
and appropriate funds for the expenses of the Zoning Board of Adjustment.
L.
Board attorney. The position of Zoning Board of Adjustment Attorney
is hereby created. The Zoning Board of Adjustment may annually appoint
to such office and fix compensation or rate of compensation of an
attorney-at-law of New Jersey other than the municipal attorney. The
adoption of this Chapter shall not be construed to affect any existing
appointment.
M.
Staff. 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, however, shall not authorize
expenditures which exceed, exclusive of gifts or grants, the amount
appropriated by the Township Committee for its use.
[Ord. No. 00-40, 7-24-2000]
The Zoning Board of Adjustment shall have the power to:
A.
Hear and decide appeals where it is alleged by the appellant that
there is error in any order, requirement, decision, or refusal made
by the Administrative Officer based on or made in enforcement of this
Chapter.
B.
Hear and decide requests for interpretation of the Zoning Map or
this Chapter or for decisions upon other special questions upon which
the Zoning Board is authorized to pass on any Zoning or Official Map
Ordinance;
C.
Grant a variance from the strict application of a regulation, upon
an application or an appeal, so as to relieve difficulties or hardships:
1.
Where by reason of exceptional narrowness, shallowness, or shape
of a specific piece of property; or by reason of exceptional topographic
conditions or physical features uniquely affecting a specific piece
of property; or by reason of an extraordinary and exceptional situation
uniquely affecting a specific piece of property or the structures
lawfully existing thereon, the strict application of any zoning regulation
would result in peculiar and exceptional practical difficulties to
or exceptional and undue hardship upon the developer of such property;
or
2.
Where in an application or appeal relating to a specific piece of property, the purposes of the Municipal Land Use Law and this Chapter set forth in Article I would be advanced by deviation from this Chapter's requirements and the benefits of the deviation would substantially outweigh any detriment, grant a variance to allow the departure from zoning regulations; provided, however, that no variance from those departures enumerated in the following subsection shall be granted under this section; and provided, further, that the proposed development does not require approval by the Planning Board of a subdivision, site plan, or conditional use in conjunction with which the Planning Board has power to review a request for a variance pursuant to Section LDO-700A2.
D.
Grant a variance to allow a departure from the zoning regulations,
in particular cases and for special reasons, to permit:
1.
A use or principal structure in a district restricted against such
use or principal structure;
2.
An expansion of a non-conforming 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 district for a principal structure.
|
A variance under this subsection shall be granted only by the
affirmative vote of at least five members.
|
E.
The Zoning Board of Adjustment shall, at least once a year, review
its decisions on applications and appeals for variances and prepare
and adopt by resolution a report of its findings on this Chapter's
provisions which were the subject of variance requests and its recommendations
for amendment or revision of this Chapter, if any. The Zoning Board
of Adjustment shall send copies of the report and resolution to the
Township Committee and Planning Board.
[Ord. No. 00-40, 7-24-2000]
A.
Statutory authority. Pursuant to N.J.S.A. 40:55D-107 et seq., there
is hereby established an Historic Preservation Commission whose membership,
powers and duties are intended to be those of an historic preservation
commission created by the Municipal Land Use Law, the extent of which
are hereinafter set forth.
B.
Board of architectural review. By adoption of this Chapter, the Historic
Preservation Commission replaces the existing Board of Architectural
Review. Existing members of the Board of Architectural Review will
continue to serve the balance of their respective terms as members
of the Historic Preservation Commission.
C.
Membership. The Historic Preservation Commission shall be made up
of seven regular members and two alternate members all appointed by
the Mayor. All members shall serve without compensation and shall
be interested in or qualified to contribute to the preservation of
historic resources. At the time of appointment, members shall be designated
by the following classes:
1.
Class A. One regular member who is knowledgeable in building designs
and construction or architectural history and who may reside outside
the municipality.
2.
Class B. Two regular members who are knowledgeable or with a demonstrated
interest in local history and who may reside outside the municipality.
3.
Class C. Four regular members and two alternate members who shall
hold no other municipal office, position or employment except for
membership on the Planning Board or Zoning Board. At the time of appointment,
"Class C" members shall be further designated by the following criteria:
(a)
One member shall be an active member of the Historical Society
of Ocean Grove (Class C1) with a demonstrated interest, competence
or knowledge in historic preservation.
(b)
One member shall be an active member of the Neptune Township
Historic Society (Class C2), with a demonstrated interest, competence
or knowledge in historic preservation.
(c)
Two members, to be selected from the Township at large, one
of whom may be a member of the Planning Board or Board of Adjustment
(Class C3).
(d)
Two alternate members to be designated as "Alternate No. 1"
and "Alternate No. 2." Alternate members shall be selected from the
Township at large, one of whom may be a member of the Planning Board
or Zoning Board of Adjustment.
D.
Role of alternate members. Alternate members may participate in discussions
of the proceedings but may not vote except in the absence or disqualification
of a regular member of any Class. A vote shall not be delayed in order
that a regular member may vote instead of an alternate member. In
the event that a choice must be made as to which alternate member
is to vote, "Alternate No. 1" shall vote.
E.
Terms. Regular members shall serve for a period of four years and
alternate members shall be appointed for a term of one year. 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 Zoning Board of Adjustment
shall be for the term of membership on the Zoning Board of Adjustment.
F.
Vacancies. A vacancy occurring otherwise than by expiration of term
shall be filled within 60 days and shall be filled for the unexpired
term only.
G.
Organization. The Historic Preservation Commission shall elect a
Chairman and a Vice Chairman from its members and select a Secretary
who may or may not be a member of the Historic Preservation Commission
or an employee of the Township.
H.
Compensation. Members of the HPC shall serve without compensation,
except that reimbursement of reasonable expenses in the execution
of official duties may be made by the municipality.
I.
Removal. Any member may be removed by the governing body for cause
but only after public hearing and other due process proceedings.
J.
Conflict of interest. No member of the Historic Preservation Commission
shall be permitted to act on any matter in which they have, either
directly or indirectly, a personal or financial interest. A member
who is so disqualified shall not continue to sit with the Historic
Preservation Commission on the hearing of such matter, nor shall participate
in any discussion or decision.
K.
Meetings. The Historic Preservation Commission shall adopt and may
amend internal rules and procedures for the transaction of its business
subject to the following:
1.
The Historic Preservation Commission shall hold regular meetings
at least six times per year and no member shall miss four consecutive
meetings unless good cause can be shown.
2.
A quorum for the transaction of all business shall be four members.
Ex officio members are not entitled to vote. A majority vote of those
present and voting shall prevail and shall be sufficient to grant
or deny a Certificate of Appropriateness. Any approval for a demolition
permit shall require the affirmative vote of at least five members
of the Historic Preservation Commission.
3.
In addition to conducting reviews at its regularly scheduled meetings,
the Historic Preservation Commission will conduct emergency review
meetings when necessary. These emergency meetings shall be held at
the call of the Chair when any action requiring immediate consideration
is necessary. This action may include a review of temporary repairs
of historic properties and review of other items pertaining to safety
and the necessity for immediate and prompt action. The Chair shall
convene a meeting for these purposes by giving appropriate notice
in accordance with the Open Public Meetings Law and notifying the
members of the Historic Preservation Commission of the time, date
and location of the emergency meeting and the purpose thereof.
4.
The Historic Preservation Commission shall make its decisions on
designation and review in an open public meeting and applicants shall
be notified of meetings and advised of decisions. Written minutes
of all meetings and proceedings shall be kept, including voting records,
attendance, resolutions and findings. All such material shall become
public record.
L.
Budget/Employees.
1.
The Township Committee shall budget and appropriate for the expenses
of the Historic Preservation Commission. 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 Historic
Preservation Commission shall obtain its legal counsel from the Municipal
Attorney at the rate of compensation determined by the Township Committee,
unless the governing body, by appropriation, provides for separate
legal counsel for the Historic Preservation Commission. Expenditures
shall not exceed, exclusive of gifts or grants, the amount appropriated
by the Township Committee for the Historic Preservation Commission's
use.
2.
The Historic Preservation Commission may appoint a consultant who
is a recognized professional in the field of architectural history,
historic preservation or similar discipline to advise the Commission
on applications before it. If the consultant has rendered an oral
or written opinion, the Commission must consider the opinion of the
consultant in rendering its decision and must give a statement of
reasons in the event that the consultant's recommendations are not
followed.
3.
The Township Chief Financial Officer, Township Economic Development
Director, Township Planner, Township Engineer and the Construction
Official may provide such technical, administrative and clerical assistance
as the Historic Preservation Commission shall require. For budgeting
and purchasing purposes, however, the Commission shall be allocated
its own budget.
[Ord. No. 00-40, 7-24-2000]
The powers, duties and responsibilities of the Historic Preservation
Commission as hereinafter set forth shall be advisory in nature to
the Planning Board and Zoning Board of Adjustment and shall extend
to applications for a Certificate of Appropriateness and shall not
conflict with or supersede the powers and duties of any other Board
or Agency of the Township. The Historic Preservation Commission shall
have the following powers, duties and responsibilities:
A.
To identify, record and maintain a system for survey and inventory
of all buildings, sites, places, landmarks and structures of historical
or architectural significance based on the Secretary of the Interior's
Standards and Guidelines for Archaeology and Historic Preservation
(Standards and Guidelines for Identification); and to aid the public
in understanding their worth, methods of preservation, techniques
of gathering documentation and related matters.
B.
To make recommendations to the Planning Board on the historic preservation
plan element of the Master Plan, including the designation of historic
sites or districts, and on the implications for the preservation of
historic sites and districts of other Master Plan elements.
C.
To advise the Planning Board and Township Committee on the inclusion
of historic sites in the recommended capital improvement program.
D.
To advise the Planning Board and the Zoning Board of Adjustment,
pursuant to N.J.S.A. 40:55D-110, on applications for development in
historic districts designated on the zoning map or on historic sites
identified in the Historic Element of the Township Master Plan. Such
advice shall be conveyed through the Historic Preservation Commission's
delegation of one of its members or staff to testify orally at the
hearing on the application and to explain any written report which
may have been submitted.
E.
To provide written reports and Certificates of Appropriateness, pursuant
to N.J.S.A. 40:55D-111, in a manner hereinafter described, on the
application of the Zoning Ordinance provisions concerning historic
preservation to applications for the issuance of permits pertaining
properties in an historic district.
F.
To advise the Township Committee and Planning Board on the relative
merits of proposals involving public funds to restore, preserve and
protect historic buildings, places and structures, including the preparation
of long-range plans therefor, securing State, Federal and other grants
and aid to assist therein and monitoring such projects once underway.
G.
To recommend to the Planning Board and the Township Committee the
designation of additional historic districts and sites where appropriate,
in accordance with the procedures and criteria for designation thereof
set forth in this Chapter.
H.
To draft and recommend to the Township Committee and the Planning
Board ordinances or amendments to existing ordinances that would resolve
any conflicts which may exist between the design standards of the
Historic Preservation Ordinance and the building or zoning regulations
of the Township.
I.
To purchase estates, easements, rights, restrictions and less than
fee acquisitions, with the approval of Township Committee, and to
acquire grants, assistance or aid either outright or in exchange in
order to further the intent and purposes of this Article and the welfare
of the Township. The Historic Preservation Commission may negotiate
and recommend such arrangements subject, however, to approval of the
Township Committee as necessary for any monetary expenditures, and
at the direction of Township Committee. Legal counsel shall assist
the Historic Preservation Commission in such arrangements.
K.
To assemble and arrange for the proper care, cataloging and availability
of materials relevant to the Township's history.
L.
To secure the voluntary assistance of the public, and within the
limits of the budget, to retain consultants and experts to assist
the Historic Preservation Commission in its work or to provide testimony
in support of the Historic Preservation Commission's position before
other bodies, boards, commissions or courts.
M.
To cooperate with local, County, State or National historical societies,
governmental bodies and organizations to maximize their contributions
to the intent and purposes of this Chapter.
N.
To recommend to applicable County, State and Federal agencies, where
appropriate, recognition and protection of historic districts and
historic sites and to review National and State Register nominations.
P.
To carry out such other advisory, educational and informational functions
as will promote historic preservation in the municipality.
Q.
Promote historic preservation in the Township by carrying out other
advisory, educational and informational functions.
R.
Take such action consistent with law to further the intent and purpose
of this Chapter and to perform any other actions which effectuate
the purposes of this Chapter.
[Added 3-12-2007 by Ord. No. 07-11]
A committee to be known as the "Technical Review Committee"
is hereby established. The Technical Review Committee shall review
all applications for development prior to consideration by the Planning
Board and or the Zoning Board of Adjustment.
A.
Members. The Technical Review Committee shall consist of the Board
Engineer, the Board Attorney, the Board Planner and the Township Director
of Engineering and Planning.
B.
Purpose. The Technical Review Committee shall be responsible for
meeting with the applicant and his/her professionals to discuss the
technical review letters of the Board's professionals prior to the
public hearing. The Committee will also discuss any technical comments
of municipal agencies, including but not limited to Fire Prevention,
Environmental Commission, Police, and Shade Tree Commission. The purpose
of the meeting shall be to resolve many of technical issues related
to the subject development application to increase the efficiency
of the Planning and Zoning Board meetings.
C.
Meeting Schedule. The Administrative Officer of the appropriate Board,
upon receipt of technical review letters from its professionals, shall
schedule all Technical Review Committee meetings. Said meetings shall
be scheduled sufficiently in advance of the Board meeting so that
the applicant's professionals may submit revised plans for Board review.
D.
The Technical Review Committee shall function in an advisory capacity
and have no final authority on any application review.
E.
All professional fees for the Technical Review Committee members
shall be paid from the applicant's escrow account that shall be established
prior to an application being deemed complete.
