[Amended 10-31-1978; 3-25-1980; 8-26-1986; 3-31-1992; 10-26-2021 by Ord. No. 2021-12]
A.
There is hereby established pursuant to P.L. 1975,
c. 291,[1] in the Township of Hampton a Planning Board of nine members,
consisting of the following four classes:
(1)
Class I: 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, 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 deemed to
be the Class II Planning Board member if there is a member of the
Board of Education among the Class IV members.
(3)
Class III: a member of the governing body, to be appointed
by it.
(4)
Class IV: six other citizens of the township, to be
appointed by the Mayor. The members of Class IV shall hold no other
municipal office, except that one 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 member unless there shall be among the Class IV members
a member of the Board of Education, in which case, the member of the
Environmental Commission shall be deemed to be a Class II member.
For the purpose of this section, membership on a municipal board or
commission whose function is advisory in nature, and the establishment
of which is discretionary and not required by statute, shall not be
considered as holding a municipal office.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
B.
Alternate members.
(1)
There may also be not more than four alternate members
appointed to the Planning Board in the same manner as Class IV members,
who shall be designated by the Mayor as “Alternate No. 1,”
“Alternate No. 2,” “Alternate No. 3” and “Alternate
No. 4.”
(2)
Alternate members may participate in discussion 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 be chosen first, followed in turn
by Alternate No. 2, then Alternate No. 3 and then Alternate No. 4,
if necessary.
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 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.
B.
The term of a Class IV member who is also a member
of the Board of Education shall terminate whenever he/she is no longer
a member of such body or at the completion of his/her Class IV term,
whichever occurs first.
[Amended 10-26-2021 by Ord. No. 2021-12]
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 distributed
evenly 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
hereinabove provided. All terms shall run from January 1 of the year
in which the appointment is made.
D.
Effective January 1, 2022, to stagger appointment
expiration dates, Alternate No. 1 and Alternate No. 3 shall be appointed
for a term of two years each; and Alternate No. 2 and Alternate No.
4 shall be appointed for a term of one year each. Said term of each
alternate shall run from January 1 of the year in which the appointment
is made. Thereafter, all appointments shall be made for terms of two
years.
[Added 10-31-1978; amended 3-25-1980; 10-26-2021 by Ord. No. 2021-12]
If a vacancy in any class shall occur otherwise
than by expiration of term, it shall be filled by appointment as above
provided 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 governing
body for cause.
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.
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.
In addition, 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 exceed, however, exclusive
of gifts or grants, the amount appropriated by the governing body
for its use.
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 township, including any areas
outside its boundaries which in the Board's judgment bear essential
relation to the planning of the township, in accordance with the provisions
of N.J.S.A. 40:55D-28. Said Master Plan shall be reexamined every
six years in accordance with the provisions of N.J.S.A. 40:55D-89.
The next reexamination shall be completed by August 1, 1988, and thereafter
a reexamination shall be completed at least once every six years from
the previous reexamination. The absence of the adoption by the Planning
Board of a reexamination report pursuant to statute shall constitute
a rebuttable presumption that the municipal development regulations
are no longer reasonable.
[Amended 8-26-1986]
B.
To administer the provisions of the Land Subdivision
Ordinance and Site Plan Review Ordinance of the township 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 of the Planning Board 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 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 Subsection a of N.J.S.A.
40:55D-26, which report shall identify any provisions in the proposed
development regulation, revision or amendment, which are inconsistent
with the Master Plan, and shall include recommendations concerning
these inconsistencies and any other matters the Board deems appropriate
and also pass upon other matters specifically referred to the Planning
Board by the governing body pursuant to the provisions of Subsection
b of N.J.S.A. 40:55D-26.
[Amended 8-26-1986]
H.
Pursuant to N.J.S.A. 40:55D-25(c), to exercise, to
the same extent and subject to the same restrictions, all powers of
a Zoning Board of Adjustment as listed and provided under the Municipal
Land Use Law including but not limited to the powers to:
[Added 3-25-1980; amended 11-27-1984; 10-26-2021 by Ord. No. 2021-12]
(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 officer based on or made in the
enforcement of the Zoning Chapter.
(2)
Hear and decide requests for interpretation of the
Map or Zoning Chapter or for decisions upon other special questions
upon which the Board is authorized to pass by provisions in the Zoning
Chapter.
(3)
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 regulation pursuant
to the Zoning Chapter would 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 regulation
so as to relieve such difficulties or hardship; or where in an application
or appeal relating to a specific piece of property the purposes of
this chapter would be advanced by a deviation from the Zoning Chapter
requirements and the benefits of the deviation would substantially
outweigh any detriment, grant a variance to allow departure from such
regulations of the Zoning Chapter; provided, however, that no variance
from those departures enumerated in N.J.S.A. 40:55D-70d shall be granted
under this subsection.
(4)
In particular cases and for special reasons, grant a variance to allow departure from regulations set forth in the Zoning Chapter to permit a use or principal structure in a district restricted against such use or principal structure; an expansion of a nonconforming use; deviation from a specification or standard pursuant to N.J.S.A. 40:55D-67 pertaining solely to a conditional use; an increase in the permitted floor area ratio as defined in N.J.S.A. 40:55D-4; or an increase in the permitted density as defined in N.J.S.A. 40:55D-4, 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, in which event applications would be made pursuant to Subsection H(3) above. A variance under this subsection shall be granted only by affirmative vote of at least five members of the Board.
(5)
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 Chapter. In respect
of any airport hazard areas delineated under the Air Safety and Hazardous
Zoning Act of 1983, N.J.S.A. 6:1-80 et seq., no variance or other
relief may be granted under the terms of this section permitting the
creation or establishment of a nonconforming use which would be prohibited
under the standards promulgated pursuant to that act, except upon
issuance of a permit by the Commissioner of Transportation. An application
under 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.
(6)
In the
event an application requires relief under N.J.S.A. 40:55D-70(d),
the Class I and Class III members of the Planning Board shall not
participate in the consideration thereof and said application shall
be considered by no more than seven members/alternates.
I.
To perform such other advisory duties as are assigned
to it by ordinance or resolution of the governing body for the aid
and assistance of the governing body or other agencies or officers.
[Added 3-25-1980; amended 11-27-1984]
J.
To consider and make a report within 45 days of its
receipt upon any petition for annexation submitted to the governing
body of the municipality and referred to the Planning Board pursuant
to the provisions of N.J.S.A. 40A:7-12.
[Added 8-26-1986]
K.
To review a petition for inclusion of a parcel in
a municipality-approved farmland preservation program pursuant to
Subdivision c of N.J.S.A. 4:1C-21.
[Added 8-26-1986]
L.
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.
[Added 10-26-2021 by Ord. No. 2021-12]
M.
Direct issuance
of a permit pursuant to N.J.S.A. 40:55D-36 for a building or structure
not related to a street.
[Added 10-26-2021 by Ord. No. 2021-12]
A.
Minor subdivisions.
[Amended 3-25-1980; 3-31-1992]
(1)
Minor subdivision approvals shall be granted or denied
within 45 days of the date of certification of submission of a complete
application 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 on which the resolution of municipal approval is adopted
unless within such period a plat in conformity with such approval
and the provisions of the Map Filing Law,[1] or a deed clearly describing the approved minor subdivision,
is filed by the developer and with the County Clerk, Planning Board
Clerk, the Township Engineer and the Township Tax Assessor.
[1]
Editor's Note: See N.J.S.A. 46:23-9.9 et seq.
(2)
The Planning Board may extend the one-hundred-ninety-day
period for filing a minor subdivision plat or deed as hereinabove
set forth if a developer proves to the reasonable satisfaction of
the Planning Board that the developer was barred or prevented, directly
or indirectly, from filing said map because of delays in obtaining
legally required approvals from other governmental or quasi-governmental
entities and that the developer applied promptly for and diligently
pursued the required approvals. The length of the extension shall
be equal to the period of delay caused by the wait for the required
approvals, as determined by the Planning Board. The developer may
apply for the extension either before or after what would otherwise
be the expiration date.
(3)
The Planning Board shall grant an extension of minor
subdivision approval for a period determined by the Board, but not
exceeding one year from what would otherwise be the expiration date,
if the developer proves to the reasonable satisfaction of the Board
that the developer was barred or prevented, directly or indirectly,
from proceeding with the development because of delays in obtaining
legally required approvals from other governmental entities and that
the developer applied promptly for and diligently pursued the required
approvals. A developer shall apply for the extension before what would
otherwise be the expiration date of minor subdivision approval or
the 91st day after the developer receives the last legally required
approval from other governmental entities, whichever occurs later.
(4)
Any approvals given pursuant to this section shall
be conditioned 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 period.
B.
Preliminary approval, site plans and subdivisions.
[Amended 3-25-1980]
(1)
Upon submission of a complete application for a site
plan which involves 10 acres of land or less and 10 dwelling units
or less or for a subdivision of 10 or fewer lots, the Planning Board
shall grant or deny preliminary approval within 45 days of certification
of completeness of such submission or within such further time as
may be consented to by the applicant.
(2)
Upon submission of a complete application for a site
plan which involves more than 10 acres or more than 10 dwelling units
or for a subdivision of more than 10 lots, the Planning Board shall
grant or deny preliminary approval within 95 days of the date of certification
of completeness of such submission or within such further time as
may be consented to by the applicant.
[Amended 8-26-1986]
(3)
Otherwise, the Planning Board shall be deemed to have granted preliminary approval to the subdivision or site plan, and the applicant shall comply with the provisions of § 15-34.4.
[Added 8-26-1986]
(4)
Preliminary approval of a major subdivision or site
plan shall confer upon the applicant, for a period of three years
from the date on which the resolution of preliminary approval was
adopted, all the rights specified in N.J.S.A. 40:55D-49, including
the right to apply for extensions thereof as set forth in said section.
[Added 3-31-1992]
C.
The Board shall render its decision on variances not later than 120 days after an application has been determined to be complete pursuant to § 15-30.1, unless an earlier deadline is required by law. The Board shall render its decision on an appeal from the decision of an administrative officer not later than 120 days after the date the appeal is filed with the Board. The failure of the Board to render a decision within the applicable time period (120 days for variance applications and specified time periods as provided otherwise for other subsequent applications), or within such further time as may be consented to by the applicant, shall constitute a decision favorable to the applicant, and the applicant shall comply with the provisions of § 15-34.4.
[Amended 10-26-2021 by Ord. No. 2021-12]
D.
Final approval.
(1)
Application for final subdivision or site plan approval
shall be granted or denied within 45 days of certification of completeness
of the application or within such further time as may be consented
to by the applicant.
[Amended 3-25-1980]
(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.
[Amended 3-31-1992]
E.
Extensions.
[Added 3-31-1992]
(1)
The Planning Board may extend the ninety-five-day
or one-hundred-ninety-day period if a developer proves to the reasonable
satisfaction of the Planning Board that the developer was barred or
prevented, directly or indirectly, from filing because of delays in
obtaining legally required approvals from other governmental or quasi
governmental entities and that the developer applied promptly for
and diligently pursued the required approvals. The length of the extension
shall be equal to the period of delay caused by the wait for the required
approvals, as determined by the Planning Board. The developer may
apply for an extension either before or after the original expiration
date.
(2)
The zoning rights applicable to the preliminary approval
first granted and all other rights conferred upon the developer whether
conditionally or otherwise shall not be changed for a period of two
years after the date on which the resolution of final approval was
adopted. Extensions of final approval may be granted pursuant to the
provisions of N.J.S.A. 40:55D-52.
F.
In the event
that the developer elects to submit separate consecutive applications
for a use variance, and then site plan approval, subdivision approval
or conditional use approval, respectively, the 120-day provision shall
apply to the application for approval of the variance, but the period
for granting or denying any subsequent approval shall be as otherwise
provided in this chapter.
[Added 10-26-2021 by Ord. No. 2021-12]
[Amended 9-25-1979; 3-25-1980]
A.
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 Township Clerk. A quorum of the Planning
Board is hereby designated as the administrative officer pursuant
to the provisions of N.J.S.A. 40:55D-3. The applicant shall file,
at least 28 days before the date of the monthly meeting of the Board,
three copies of either a sketch plat, an application for minor subdivision
approval; an application for major subdivision approval or an application
for site plan review, conditional use approval or planned development.
At the time of the filing of the application, the applicant shall
also file 12 copies of any proposed subdivision maps and all plot
plans, maps or other paper required by virtue of any provision 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.
[Amended 10-13-1998 by Ord. No. 98-11]
B.
After the initial submission of an original application
for development with maps and supporting documents, in the event that
the applicant desires or is required to prepare revisions to the original
submissions and/or submit additional data or documentation in support
thereof, the same shall be submitted to the clerk of the reviewing
board having jurisdiction thereof at least 10 working days (excluding
Saturdays, Sundays and legal holidays) prior to the meeting of the
reviewing board having jurisdiction, at which consideration or review
of the application is expected. In the event that submissions are
not made in accordance with this requirement, the revisions shall
not be reviewed by the board's engineer, nor considered by the reviewing
board having jurisdiction thereof until the second meeting following
the late submission.
[Added 7-25-1989]
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.
Whenever the Environmental Commission has prepared
and submitted to the Planning Board an index of the natural resources
of the municipality, the Planning Board shall make available to the
Environmental Commission an informational copy of every application
for development to the Planning Board. Failure of the Planning Board
to make such informational copy available to the Environmental Commission
shall not invalidate any hearing or proceeding.
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.
[Added 11-27-1984[1]]
Applications for development within the jurisdiction of the Planning Board shall be reviewed for completeness in accordance with the provisions of § 15-30.1 of this chapter.
[1]
Editor's Note: This ordinance also repealed
former § 15-12.1, Complete application, added 3-25-1980.
[Added 10-26-2021 by Ord. No. 2021-12[1]]
The Planning Board shall, at least once a year, review its decisions
on applications and appeals for variances and prepare and adopt by
resolution a report on its findings on Zoning Ordinance provisions
which are the subject of variance requests and its recommendations
for Zoning Ordinance amendment or revision, if any. The Planning Board
shall send copies of the report and resolution to the governing body.
[1]
Editor's Note: Former § 15-12.2,
Incomplete application; certification of completeness, added 3-25-1980,
was repealed 11-27-1984.
