A.
Establishment; membership. There is hereby established
a Planning Board, known as the "Planning Board of the Township of
Old Bridge," consisting of nine members in four classes. The classes
of members, membership requirements, qualifications, terms and vacancies
are established pursuant to N.J.S.A. 40:55D-23.
B.
Alternate members. The Mayor shall appoint two alternate
members to the Planning Board, in accordance with N.J.S.A. 40:55D-23.1.
Membership requirements, qualifications, terms and vacancies are established
pursuant to N.J.S.A. 40:55D-23.1.
C.
Organization of Planning Board. The Planning Board
shall elect a Chairman and Vice Chairman and select a Secretary in
accordance with the provisions of N.J.S.A. 40:55D-24.
D.
Planning Board Attorney. There is hereby created the
office of Planning Board Attorney. The Planning Board may annually
appoint a Planning Board Attorney who shall be an attorney other than
the Township Attorney, Director of Law, Assistant Township Attorney
or Municipal Prosecutor. He shall serve at a rate of compensation
and upon such other terms fixed by ordinance and not exceeding the
amount appropriated by the Township Council for the Planning Board's
use, in accordance with the provisions of N.J.S.A. 40:55D-24.
E.
Experts and staff. The Planning Board may also employ
and contract for the services of experts and other staff and services
as it may deem necessary, in accordance with the provisions of N.J.S.A.
40:55D-24. The Planning Board's expenditures shall not, however, exceed
the sum of the amount appropriated by the Township Council for its
use and whatever gifts or grants it may have received. In no event
shall any expenditure of an amount not appropriated be made in anticipation
of reimbursement through gift or grant.
F.
Relation to fee and escrow ordinance. Anything contained in this § 250-8 to the contrary notwithstanding, Subsections D and E shall not be construed as limiting the Planning Board's authority to employ and contract for the services of such experts and other staff as it may deem necessary pursuant to the provisions of § 250-105 12-2 hereof.
G.
Powers and duties of the Planning Board. The Planning
Board shall have the following authorities and duties:
(1)
To make, adopt and, from time to time, to amend a Master Plan to guide the use of lands within the Township in a manner consistent with the purposes of this chapter. Said Master Plan shall contain the elements set forth in N.J.S.A. 40:55D-28 and Article V of this chapter and shall be reviewed by the Planning Board for the purpose of considering amendments thereto when appropriate, but at intervals of not greater than six years.
(2)
To administer the provisions of this chapter relating
to conditional use permit approval, subdivision approval and site
plan review.
(3)
To participate in the preparation and review of programs
or plans required by state or federal law or regulations.
(4)
To assemble data on a continuing basis as part of
a continuous planning process.
(5)
To prepare annually, pursuant to N.J.S.A. 40:55D-29 to 40:55D-31, inclusive, and Article VI of this chapter, a program of municipal capital improvement projects projected over a term of six years, and amendments thereto, and recommend same to the Township Council.
(6)
In accordance with N.J.S.A. 40:55D-26, to consider and make a report to the Township Council as to any proposed development regulation, including without limitation revisions to this chapter, and also pass upon other matters specifically referred to the Planning Board by the Township Council, pursuant to the provisions of N.J.S.A. 40:55D-26(b), except for any matter under the jurisdiction of the Zoning Board of Adjustment. In the event that the Planning Board is acting under this Subsection G(6) in response to the Township Council's referral to it of a proposed development regulation, then the Planning Board shall make such report within 35 days of such referral.
(7)
Whenever an application for development requires approval of a subdivision, site plan or conditional use, but not a variance pursuant to N.J.S.A. 40:55D-70d and § 250-9G(5) of this chapter, to grant to the same extent and subject to the same restrictions as the Zoning Board of Adjustment:
(b)
Direction, pursuant to N.J.S.A. 40:55D-36, for
the issuance of a permit for the construction of a building or structure
not abutting a street giving access to such building or structure;
and
(c)
Direction, pursuant to N.J.S.A. 40:55D-34, for
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.
(8)
To consider and make a report to the Zoning Board of Adjustment, in connection with any requests pending before the Zoning Board of Adjustment for relief pursuant to § 250-9G(5) of this chapter, as to the impact of such request on the intent and purposes of the zone plan, this chapter and the Master Plan.
(9)
To perform such other advisory duties as are assigned
to it by ordinance or resolution of the governing body or other agencies
or officers.
(10)
To exercise the powers set forth in N.J.S.A. 40:55D-25.
H.
Planning Board powers not to be exercised by any other
body. No power expressly authorized by this chapter to be exercised
by the Planning Board shall be exercised by any other body except
as otherwise provided in this chapter.
I.
Advisory Committee. The Mayor may appoint one or more
persons as a citizen's 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.
J.
Rules and regulations. The Planning Board shall adopt
such rules and regulations as may be necessary to carry into effect
the provisions and purposes of this article.
A.
Establishment; composition.
(1)
A Zoning Board of Adjustment is hereby established,
pursuant to N.J.S.A. 40:55D-1 et seq., consisting of seven residents
of the Township of Old Bridge appointed by the Township Council to
serve for terms of four years, commencing January 1 of the year of
their appointment. No member of the Zoning Board of Adjustment may
hold any elective office or position in the Township. A vacancy occurring
otherwise than by expiration of term shall be filled for the remainder
of the unexpired term by appointment as hereinabove provided for.
(2)
The Township Council shall appoint two alternate members
to serve on the Zoning Board of Adjustment. Alternate members shall
have the same qualifications as full members. Alternate members shall
be designated at the time of their appointment as "Alternate No. 1"
and "Alternate No. 2." A vacancy in the alternate membership occurring
otherwise than by expiration of term shall be filled for the remainder
of the unexpired term by appointment as hereinabove provided for.
Alternate members may participate in discussions of the proceedings
but may not vote, except in the absence or disqualification of a regular
member, including without limitation a disqualification of a regular
member for conflict of interest or failure of a member to certify
in writing that he has read the transcript or listened to the recording
of portions of a hearing at which he was absent. A vote shall not
be delayed in order that a regular member shall vote instead of an
alternate member. In the event that a choice must be made as to which
alternate member is to vote, Alternate No. 1 shall vote.
B.
Officers. The Zoning Board of Adjustment annually
shall elect a Chairman and Vice Chairman from its members and shall
also select a Secretary who may or may not be a Board member or a
municipal employee.
C.
Zoning Board of Adjustment Attorney. There is hereby
created the office of Zoning Board of Adjustment Attorney. The Zoning
Board of Adjustment may annually appoint a Zoning Board of Adjustment
Attorney, who shall be an attorney other than the Township Attorney,
Director of Law, Assistant Township Attorney or Municipal Prosecutor.
He shall serve at a rate of compensation fixed by ordinance and not
exceeding the amount appropriated by the Township Council for the
Zoning Board of Adjustment's use.
D.
Experts and staff. The Zoning Board of Adjustment
may also employ or contract for the services of experts and other
staff and services as it may deem necessary. The Board's expenditures
shall not, however, exceed the sum of the amount appropriated by the
governing body for its use and whatever gifts or grants it may have
received. In no event shall any expenditure of an amount not appropriated
be made in anticipation of reimbursement through gift or grant.
E.
Relation to fee and escrow ordinance. Anything contained in this § 250-9 to the contrary notwithstanding, Subsections C and D shall not be construed as limiting the Zoning Board of Adjustment's authority to employ and contract for the services of such experts and other staff as it may deem necessary pursuant to the provisions of § 250-105 of this chapter.
F.
Rules and regulations. The Zoning Board of Adjustment
shall adopt such rules and regulations as may be necessary to carry
into effect the provisions and purposes of this chapter.
G.
Powers and duties of the Zoning Board of Adjustment.
The Zoning Board of Adjustment shall have the following authorities
and duties:
(1)
To hear and decide appeals where it is alleged that
there is error in any order, requirement, decision or refusal made
by the administrative officer based on or made in the enforcement
of the zoning provisions of this chapter. In this regard, the Zoning
Board of Adjustment may reverse or affirm wholly or partly or may
modify the order, requirement, decision, or determination appealed
from, or make such other order requirement, decision or determination
as ought to be made, and have all the powers of the administrative
officer from whom the appeal was taken.
(2)
To hear and decide requests for interpretation of
the Zoning Map or zoning provisions of this chapter.
(3)
Where, by reason of exceptional narrowness, shallowness,
or shape of a specific piece of property, by reason of exceptional
topographic conditions or physical features uniquely affecting a specific
piece of the 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 regulations
in the zoning provisions of this chapter would result in peculiar
and exceptional practical difficulties, or exceptional and undue hardship
upon the owner of such property, to 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.
(4)
Where, in an application or appeal relating to a specific
piece of property, the purposes of N.J.S.A. 40:55D-1 et seq. and this
chapter would be advanced by a deviation from the requirements of
the zoning sections of this chapter and the benefits of the deviation
would substantially outweigh any detriment, to grant a variance to
allow departure from such requirements.
(5)
In particular cases and for special reasons, grant a variance to allow departure from the requirements of the zoning sections of this chapter to permit a use or principal structure in the district restricted against such use or principal structure; an expansion of a nonconforming use; deviation from a specification or standard set forth in § 250-41 and pertaining solely to a conditional use; an increase in the permitted floor area ratio; an increase in the permitted gross or net 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 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 G(5) shall be granted only by the affirmative vote of at least five Board members. In the event a developer fails to occupy and utilize property granted a variance under this Subsection G(5) in the manner authorized by the variance, the developer's right to the variance shall expire on the later of one year from the date of its approval, or the expiration date of any related site plan, subdivision or general development plan approval granted in connection with the deviation out of which such variance arises; provided that the later date shall govern only if such application for site plan, subdivision, or general development plan approval is filed prior to the expiration of the aforesaid one-year period. If the developer or his successor or assignor occupies and utilizes the property in the manner authorized under the variance and pursuant to the deadline stated hereinabove, the variance shall be deemed perfected and rights thereunder shall vest.
[Amended 11-2-1992 by Ord. No. 42-92]
(7)
Anything herein to the contrary notwithstanding, no variance from those departures enumerated in Subsection G(5) shall be granted under Subsections G(3) and (4) and the Zoning Board of Adjustment shall have no authority to grant variances under Subsections G(3) and (4) if the proposed development requires approval by the Planning Board of a subdivision, site plan or conditional use in conjunction with which the Planning Board has the power to review a request for a variance pursuant to § 250-8G(7) of this chapter. Anything herein to the contrary notwithstanding, no variance or other relief may be granted under the provisions of the above subsections unless such variance or other relief can be granted without substantial detriment to the public good and without substantially impairing the intent and purpose of the zone plan and this chapter. Any request for relief under any subsection of this section may be referred to any appropriate person or agency for its report. Any request for relief under Subsection G(5) above shall be referred to the Planning Board for its report relative to the impact of the request on the zone plan, this chapter, and the Master Plan. Such referrals shall not extend the period of time within which the Zoning Board of Adjustment shall act.
(8)
To 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.
(9)
To direct issuance of a permit pursuant to N.J.S.A.
40:55D-36 for a building or structure not related to a street.
(10)
To grant, to the same extent and subject to the same restrictions as the Planning Board, subdivision, site plan or conditional use approval whenever the proposed development requires approval by the Zoning Board of Adjustment of a variance pursuant to Subsection G(5) above. Any such application for development seeking approval of a subdivision or site plan shall be referred to the Subdivision and Site Plan Committee for its review and recommendations.
(11)
The Board of Adjustment shall not exercise the powers otherwise granted under Subsections G(7) and (8) if the proposed development requires approval by the Planning Board of a subdivision, site plan or conditional use in conjunction with which the Planning Board has the power to review a request for the issuance of a permit pursuant to § 250-8G(7) of this chapter.
(12)
At least once a year, to review its decisions on applications
and appeals for variances and prepare and adopt by resolution a report
to the governing body and the Planning Board on its findings on the
zoning sections of this chapter which were the subject of variance
requests and its recommendations for the amendment on such sections,
if any.
A.
Conflicts of interest. No member or alternate of the
Planning Board or Zoning Board of Adjustment shall act on any matter
in which he has either directly or indirectly any personal or financial
interest. Whenever any such member or alternate 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.
B.
Meetings. Meetings of both the Planning Board and
the Zoning Board of Adjustment shall be scheduled and conducted in
accordance with the general ordinances of the Township of Old Bridge.
(1)
If the Planning Board lacks a quorum because any of
its regular or alternate members is prohibited by this section from
acting on a matter, regular members of the Board of Adjustment shall
be called upon to serve, for that matter only, as temporary members
of the Planning Board in order of seniority of continuous service
to the Board of Adjustment until there are the minimum number of members
necessary to constitute quorum to act upon the matter without personal
or financial interest therein, whether direct or indirect. If a choice
has to be made between regular members of equal seniority, the Chairman
of the Board of Adjustment shall make the choice.
(2)
If the Board of Adjustment lacks a quorum because
any of its regular or alternate members is prohibited by this section
from acting on a matter, Class IV members of the Planning Board shall
be called upon to serve, for that matter only, as temporary members
of the Board of Adjustment. The Class IV members of the Planning Board
shall be called upon to serve in order of seniority of continuous
service to the Planning Board until there are the minimum number of
members necessary to constitute a quorum to act upon the matter without
any personal or financial interest therein, whether direct or indirect.
If a choice has to be made between Class IV members of equal seniority,
the Chairman of the Planning Board shall make the choice.
C.
Minutes. Minutes of every regular or special meeting shall be kept and shall include the names of the persons appearing and addressing the Board and of the persons appearing by attorney, the action taken by the Board, the findings, if any, made by it and reasons therefor. The minutes shall thereafter be made available for public inspection during normal business hours at the office of the Department of Community Development. 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 shall be charged a fee for reproduction of the minutes for his use as provided for in § 250-104 of this chapter.
D.
Hearings.
(1)
The officer presiding at the hearing, or such person
as he may designate, shall have the power to administer oaths and
issue subpoenas to compel the attendance of witnesses and the production
of relevant evidence, including witnesses presented by the parties,
and the provisions of the County and Municipal Investigations Law,
P.L. 1953, c. 1938 (N.J.S.A. 2A:67A-1 et seq.) shall apply.
(2)
The testimony of all witnesses relating to an application
for development shall be taken under oath or affirmation by the presiding
officer, or such person as he may designate, and the right of cross-examination
shall be permitted to all interested parties through their attorneys,
if represented, or directly if not represented, subject to the discretion
of the presiding officer and to reasonable limitations as to time
and number of witnesses.
(3)
Technical rules of evidence shall not be applicable
to the hearings, but the presiding officer may exclude irrelevant,
immaterial or unduly repetitious evidence.
(4)
Each Board shall provide for the verbatim recording
of the proceedings by either stenographer, mechanical or electronic
means. The Board shall furnish a transcript or duplicate recording
in lieu thereof on request to any interested party at his or her expense.
(5)
Failure of a motion to receive the number of votes
required to approve an application for development pursuant to the
applicable voting requirements of this chapter shall be deemed an
action denying the application.
(6)
A member of the Board who is absent for one or more
of the meetings at which a hearing was held shall be eligible to vote
on the matter upon which the hearing was conducted notwithstanding
his absence from one or more of the meetings; provided, however, that
such Board member has available to him the transcript or recording
of all of the hearings from which he was absent and certifies in writing
to the Board that he has read such transcript or listened to such
recording.
E.
Environmental Commission. The administrative officer
shall make available to the Environmental Commission an informational
copy of every application for development. Failure of the administrative
officer to make such informational copy available to the Environmental
Commission shall not invalidate any hearing or proceeding.
F.
Historic Preservation Commission. The administrative
officer shall make available to the Historic Preservation Commission
an informational copy of every application for development affecting
an historic site or structure. Failure of the administrative officer
to make such informational copy available to the Historic Preservation
Commission shall not invalidate any hearing or proceeding.
