[Amended 2-22-2023 by Ord. No. 2023:04]
Pursuant to the provisions of N.J.S.A. 40:55D-23, there is hereby
created a Borough of Norwood Planning Board.
A.
The Planning Board membership shall consist of four classes and the
members in each class shall be appointed as follows:
(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.
(3)
Class III: a member of the governing body, to be appointed by it.
(4)
Class IV: six other citizens of the municipality, to be appointed
by the Mayor. 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 Section 1 of P.L. 1968, c. 245 (N.J.S.A.
40:56A-1), shall be a Class IV Planning Board member, except as is
otherwise provided herein.
(5)
Alternate members: not more than four alternate members, who shall
be appointed by the Mayor, exhibiting the same qualifications as are
required for Class IV members of nine-member planning boards. Said
alternate members shall, at the time of their appointment, be designated
by the Mayor as "Alternate No. 1," "Alternate No. 2," "Alternate No.
3," and "Alternate No. 4." Alternate members may participate in all
matters 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, the alternate members shall vote in ascending order, with
Alternate No. 1 voting first.
B.
No member of the Planning Board, including alternate members, shall
be permitted to act on any matter in which he or she has, either directly
or indirectly, any personal or financial interest.
C.
Any member other than a Class I member, after a public hearing, if
requested, may be removed by the governing body for cause.
D.
The Mayor may appoint a designee to serve at his pleasure, provided
that a letter of appointment is filed with the Borough Clerk. Any
person appointed shall serve until a letter of appointment of another
person is filed with the Borough Clerk.
E.
All members of the Board, except the Class II member, shall be municipal
residents.
There is hereby created the office of the Planning Board Attorney.
The Planning Board may annually appoint, 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.
The Planning Board may employ or contract for and fix the compensation
of an engineer, planner and other experts and staff, other than those
serving the municipality, as it may deem necessary, not exceeding,
exclusive of gifts and grants, the amount appropriated by the governing
body for its use.
A.
The Planning Board shall elect a Chairman and Vice Chairman from
the members of Class IV, select a Secretary who may be either a member
of the Board or a municipal employee and fill such other offices as
may be established by Borough ordinance. It may employ or contract
for and fix the compensation of legal counsel, experts and other staff
and services as it deems necessary, not exceeding, exclusive of gifts
or grants, the amount appropriated by the governing body for its use.
The Board shall have and exercise its power in regard to:
(1)
Adopting bylaws governing its procedural operation, provided that
such bylaws are not in conflict with this chapter or the Municipal
Land Use Law, N.J.S.A. 40:55D-1 et seq.
(2)
Making and adopting, and from time to time amending, a Master Plan
for the physical development of the Borough of Norwood, 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.
(3)
Participating in the preparation and review of programs or plans
required by state or federal law or the regulations adopted and promulgated
by the divisions and agencies of the state and federal governments.
(4)
Assembling data on a continuing basis as a part of a continuous planning
process.
(5)
Granting or denying conditional uses in accordance with the provisions of Chapter 233, Zoning, of the Code of the Borough of Norwood and the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.
(6)
Preparing, when authorized, a program of municipal capital improvement
projects projected over a term of at least six years, and amendments
thereto, and recommending same to the governing body.
(7)
Considering and making a 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
passing upon other matters specifically referred to the Planning Board
by the governing body, pursuant to the provisions of N.J.S.A. 40:55D-26b.
(8)
Performing such other advisory duties as are assigned to it by ordinance
or resolution of the governing body for the aid and assistance of
the governing body or other agencies or officers.
(9)
Granting an informal review of a concept plan for development for
which the developer intends to prepare and submit an application for
development.
(10)
In addition, the Planning Board may participate in the preparation
and review of programs or plans required by state or federal law or
regulation, assemble data on a continuing basis as part of a continuous
planning process and perform such other advisory duties as may be
assigned to it by ordinance or resolution of the governing body for
the aid and assistance of the governing body or other municipal agencies
or offices.
B.
The Planning Board shall also have the following powers formerly
exercised by the Zoning Board of Adjustment, except that the Class
I and Class III members of the Planning Board shall not participate
in applications for development which involve relief pursuant to Subsection
d of N.J.S.A. 40:55D-70:
(1)
To hear and decide appeals where it is alleged by the appellant that there is an error in any order, requirement, decision or refusal made by an administrative officer based on or made part of the enforcement of Chapter 233, Zoning.
(2)
To hear and decide, in accordance with the provisions of any such ordinance, requests for interpretation of Chapter 233, Zoning, or the Zoning Map or for decisions upon other special questions upon which such Board is authorized to pass by any Zoning or Official Map ordinance in accordance with this chapter and the Municipal Land Use Law.[1]
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
(3)
Variances and certain building permits in conjunction with subdivision,
site plan and conditional use approvals.
(4)
Where, by reason of exceptional narrowness, shallowness or shape of a specific piece of property or by reason of other extraordinary and exceptional situations or conditions of such piece of property, the strict application of any regulation as contained in Chapter 233, Zoning, would result in peculiar and exceptional practical difficulties to or exceptional and undue hardship upon the developer of such property, to grant, upon an application or an appeal relating to such property, a variance from such strict application of such regulation so as to relieve such difficulties or hardship; provided, however, that no variance shall be granted under this section to allow a structure or use in a district restricted against such structure or use.
(5)
To grant a variance in particular cases and for special reasons to allow a departure from the express provisions of Chapter 233, Zoning, including but not limited to allowing a structure or use in a district restricted against such structure or use, but only by affirmative vote of at least five members of the Board.
(6)
To direct the issuance of a permit for a building or structure in
the bed of a mapped street or public drainageway, flood control basin
or public area reserved pursuant to N.J.S.A. 40:55D-32 whenever one
or more parcels of land situate within any of the areas herein described
cannot yield a reasonable return to the owner unless a building permit
is granted by an affirmative vote of the majority of the full authorized
membership of the Board under terms which will, as little as possible,
increase the cost of opening such street or will tend to cause a minimum
change of the Official Map, and provided further that the issuance
of such a permit may be conditioned upon such requirements as shall
ensure the promotion of the health, morals, safety and general welfare
of the public.
(7)
To direct the issuance of a permit for a building or structure not
related to a street, as required pursuant to N.J.S.A. 40:55D-35, where
it is demonstrated that the enforcement of such provision would entail
practical difficulty or unnecessary hardship or where the circumstances
of the case do not require the building or structure to be related
to a street, subject to terms and conditions that will provide adequate
access for firefighting equipment, ambulances or other emergency vehicles
necessary for the protection of health and safety and that will protect
any future street layout shown on the Official Map or on a general
circulation plan element of the Municipal Master Plan.
(8)
To grant subdivision or site plan approval or conditional use approval, where appropriate, whenever the proposed development requires approval by the Board 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. In such case, the separate approval of the variance shall be conditioned upon the granting of all required subsequent approvals by the Board. No such subsequent approval shall be granted unless such approval can be granted without substantial detriment to the public good and without substantial impairment of the intent and purpose of the zone plan and Chapter 233, Zoning. The number of votes of the Board members required to grant any such subsequent approval shall be as otherwise provided in this chapter for the approval in question, and the special vote pursuant to the aforesaid Subsection B(5).
(a)
Whenever an application for development requests relief pursuant to Subsection B(8) above, the Board 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 herein. Failure of the 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 Board to act shall be issued on 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 purposes of filing subdivision plats.
(b)
Whenever review of approval of the application by the County
Planning Board is required by Section 5 of P.L. 1968, c. 285 (N.J.S.A.
40:27-6.3), in the case of a subdivision, or Section 8 of P.L. 1968,
c. 285 (N.J.S.A. 40:27-6.6), in the case of a site plan, the Board
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.
(c)
An application under Subsection B(8)(a) and (b) may be referred to any appropriate person or agency pursuant to the terms of this chapter and the provisions of Chapter 291 of the Laws of New Jersey 1975,[2] as amended by Chapter 216 of the Laws of New Jersey 1979.
[2]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
A.
The Planning Board, when reviewing applications for approval of subdivision
plats, site plans or conditional uses, shall have the power to grant,
to the same extent and subject to the same restrictions as a Board
of Adjustment:
B.
Whenever relief is requested pursuant to this section, notice of
the 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.
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 by the Board. Such person or persons
shall serve at the pleasure of the Mayor.
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, however,
invalidate any hearing or proceeding.
A.
Minor subdivisions. Minor subdivision approval shall be granted or
denied within 45 days of the date of submission of a complete application
to the Planning Board or its administrative officer as provided by
ordinance. Approval of a minor subdivision shall expire 190 days from
the date of municipal approval, unless within such period a plat in
conformity with such approval and the provisions of N.J.S.A. 46:26B-1
et seq., or a deed clearly describing the above 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 accepted
for such filing shall have been signed by the Chairman and Secretary
of the Planning Board.
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. Upon submission of a complete application
for a subdivision of more than 10 lots, the Planning Board shall grant
or deny that approval within 95 days of the date of submission of
a complete application.
C.
Final approval of major subdivisions.
(1)
Application for final subdivision approval shall be granted
or denied within 45 days of the submission of a complete application.
(2)
Final approval of a major subdivision shall expire 95 days from
the date of the 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 the signing of the plat.
D.
Site plan approval. Upon submission of a complete application for
a site plan for 10 acres of land or less or 10 dwelling units or less,
the Planning Board shall grant or deny preliminary approval within
45 days from the date of submission. Upon submission of a complete
application for a site plan of more than 10 acres or more than 10
dwelling units, the Planning Board shall grant or deny use approval
within 95 days from such submission. Final site plan approval shall
be granted or denied within 45 days after submission of a complete
application to the administrative officer.
E.
Ancillary powers. Whenever the Planning Board is called upon to exhibit its ancillary powers before the granting of a variance as set forth in Article II, § 230-12, of this chapter, the Planning Board shall grant or deny approval of the application within 120 days after the submission by the developer of a complete application.
Applications for development within the jurisdiction of the
Planning Board, pursuant to the provisions of N.J.S.A. 40:55D-1 et
seq., shall be filed with the Corresponding Secretary of the Planning
Board or such other person, bureau or department as may be designated
by ordinance. The applicant shall file, at least 14 days before the
date of the regular monthly meeting of the Board, 10 copies of a sketch
plat and three copies of an application for minor subdivision approval,
three copies of an application for major subdivision approval or three
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 provision of the ordinances of the Borough
of Norwood or any rule of the Planning Board. The applicant shall
obtain all necessary forms from the Corresponding Secretary of the
Planning Board. The Corresponding 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.
The Planning 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.), and its amendments
and supplements, shall apply.
A.
The members of Class IV shall hold no other municipal office, except
one may be a member of the Board of Education.
B.
The term of the member composing Class I shall correspond to his
official tenure.
C.
The terms of the members composing Class II and Class III shall be
for one year or shall terminate at the completion of respective terms
of office, whichever occurs first.
D.
The term of a Class IV member who is also a member of the Board of
Education shall terminate whenever he is no longer a member of such
body or at the completion of his Class IV term, whichever occurs first.
E.
The terms of the Class IV members first appointed under this section
shall be as follows: the two new members shall be appointed for terms
of four years, the member appointed to the seat of a person whose
present term expires on December 31, 1976, shall be appointed for
a term of three years and the member appointed to the seat of the
person whose term expires on December 31, 1977, the member appointed
to the seat of the person whose term expires on December 31, 1978,
and the member appointed to the seat of the person whose term expires
on December 31, 1979, shall be appointed for terms of four years.
In the event a vacancy occurs in the seat of a member in office on
August 1, 1976, pursuant to Subsection 81b, N.J.S.A. 40:55D-92, the
term of the member appointed to fill the same shall be the initial
term set forth in this subsection; thereafter, all appointments shall
be for four years.
F.
The term of a Class II or IV member who is also a member of the Environmental
Commission shall be three years or shall terminate at the completion
of his term of office as a member of the Environmental Commission,
whichever occurs first.
G.
Vacancies in any class occurring other than by expiration of the
Planning Board term shall be filled by appointment as above provided
for the unexpired term.
H.
No member shall be permitted to act on any matter in which he has,
either directly or indirectly, any personal or financial interest.
Any member, other than the Class I member, may be removed from the
governing body for cause, after a public hearing, if the member requests
the same.
A.
The Planning Board shall adopt and may amend reasonable rules and
regulations, not inconsistent with state law or any applicable Borough
ordinance, for the administration of its functions, powers and duties.
Copies of all such rules and regulations and any amendments thereto
shall be filed in the office of the Borough Clerk and shall be made
available to any person upon request and payment of the fee for such
copy.
B.
The Board shall, by its rules, fix the time and place for holding
its regular meetings. Regular meetings of the Board shall be scheduled
not less than once a month and shall be held as scheduled unless canceled
for lack of applications for development process. Special meetings
of the Board may be held at the call of the Chairman or at the request
of any two of its members. Such meetings shall be held on notice to
the members of the Board and the public in accord with state law.
All regular and special meetings shall be open to the public and minutes
shall be kept and thereafter be made available for public inspection
during normal business hours the office of the Borough Clerk.
C.
The Planning Board shall hold a hearing on each application for development,
or adoption, revision or amendment of the Master Plan. The Board shall
make rules governing such hearings. Any maps and documents for which
approval is sought at such hearings shall be on file and available
for public inspection during normal business hours at the office of
the Borough Clerk at least 10 days before the date of the hearing.
The Board shall provide for the verbatim recording of all proceedings
at such hearings by either stenographic, mechanical or electronic
means and shall furnish a transcript, or duplicate recording in lieu
thereof, on request of any interested party, at such party's
expense.
The Borough Council hereby finds and determines that it is important
to the Borough that excessive uniformity, dissimilarity, inappropriateness
or poor quality of design in the exterior appearance of buildings
has an adverse effect on the desirability of the immediate area and
neighboring areas and by so doing impairs the benefits of occupancy
of existing property in such areas, impairs the stability and value
of both improved and unimproved property in such areas, prevents the
most appropriate development of such areas, produces degeneration
of property in such areas and destroys a proper relationship between
the taxable value of real property in such areas and the cost of municipal
services provided therefor. It is the purpose of this section and
the following sections to prevent these and other harmful effects
of such exterior appearances of buildings and thus promote and protect
the health, safety, morals, values and general welfare of the community.
