If a vacancy of any class shall occur otherwise than by expiration
of term, it shall be filled by appointment as above provided for the
unexpired term.
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, 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 also employ or contract for the services
of experts and other staff and services as it may deem necessary.
The Board shall not, however, exceed, exclusive of gifts or grants,
the amount appropriated by the governing body for its use.
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. 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 municipality, including any areas outside its boundaries
which, in the Board's judgment, bear essential relation to the planning
of the municipality, in accordance with the provisions of N.J.S.A.
40:55D-28.
B. To administer the provisions of Chapter
192, Subdivision of Land, and Chapters
174 and
176 regarding site plan review, of the municipality in accordance with the provisions of said ordinances and the Municipal Land Use Law, c. 291, P.L. 1975, N.J.S.A. 40:55D-1 et seq.
C. To approve conditional use applications in accordance with the provisions of Chapter
225, Zoning, pursuant to N.J.S.A. 40:55D-67.
D. To
participate in the preparation and review of programs or plans required
by state or federal law or regulations.
E. To
assemble data on a continuing basis as part of a continuous planning
process.
F. 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, if requested by the governing body.
G. To
consider and make report to the governing body within 35 days after
referral as to any proposed development regulation submitted to it
pursuant to the provisions of N.J.S.A. 40:55D-26(a), and also pass
upon other matters specifically referred to the Planning Board by
the governing body, pursuant to the provisions of N.J.S.A. 40:55D-26(b).
H. When
reviewing applications for approval of subdivision plats, site plans
or conditional uses, to grant:
(1) Variances pursuant to Subsection 57c of c. 291, P.L. 1975, from lot area, lot dimensional setback, and yard requirements,
provided that such relief from lot area requirements shall not be
granted for more than one lot.
(2) Direction pursuant to Section 25 of said Act for issuance of permit
for building or structure in the bed of a mapped street or public
drainageway, flood control basin, or public area reserved pursuant
to Section 23 of said Act.
(3) Direction pursuant to Section 27 of said Act for issuance of a permit
for a building or structure not related to a street. Whenever relief
is requested pursuant to this subsection, notice of a hearing on the
application for development shall include reference to the request
for a variance or direction for issuance of a permit as the case may
be.
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.
J. To form subcommittees and provide informal work sessions to applicants
and professionals prior to submission of formal application for development.
[Added 10-3-2016 by Ord.
No. 28-2016]
K. The Planning Board shall have all powers set forth in N.J.S.A. 40:55D-69
et seq., granted to a Zoning Board of Adjustment, and the following:
(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 official or agency based on or made in the enforcement
of a zoning ordinance. The Board may reverse or affirm, wholly or
partly, or may modify the order, requirement, decision or determination
appealed from and make such other requirement, decision or determination
as ought to be made and, to that end, have all the powers of the administrative
officer from whom the appeal was taken.
(a)
Each appeal shall be taken within 20 days, as prescribed by
the Municipal Land Use Law, by filing a notice of appeal, application and checklist,
as described below, with the officer from whom the appeal was taken
and the Secretary of the Board. Said notice of appeal shall specify
the grounds for said appeal. The officer from whom the appeal is taken
shall forthwith transmit to the Board all the papers constituting
the record upon which the action appealed from was taken.
(b)
The procedure for the filing of an application and/or appeal
shall be as follows:
[1]
The application provided by the Secretary of the Board, and
notice of appeal, if applicable, shall be completed and returned to
the Secretary of the Board, together with the items required by the
checklist [which is contained in Subsection J(4)]. The Completeness
Committee, appointed by the Chairman of the Board, which shall consist
of no more than three Board members, and the Board Secretary, shall
determine, and so advise the applicant, within 45 days of receipt
of the filed application, whether it is complete. Any item not provided
and required by the application and/or checklist shall result in the
application being deemed incomplete. Further, if an item is not provided
and a waiver therefrom is requested, which is not granted by the Completeness
Committee, the application shall also be deemed incomplete.
[2]
The Completeness Committee shall advise if the application is
complete and a date which the application will be heard.
[3]
The applicant shall be responsible to notice the public in accordance
with the Municipal Land Use Law (N.J.S.A. 40:55D-11 and 12) of the
hearing date and relief requested.
[4]
The checklist for a use variance application is set forth hereafter:
[a]
Plans signed and sealed by the appropriate professional at a
scale of one inch to 50 feet or better, clearly showing the following
information:
[i] Existing conditions plan showing the existing conditions
of the property.
[ii] Proposed conditions plan showing the proposed
improvements to the property. The proposed conditions plan must include:
[A] Required bulk and area regulations and the ability
to meet;
[C] Proposed buildings or additions;
[E] Proposed access to parking and building;
[F] Approximate dimensions of lot and existing and
proposed buildings;
[G] Approximate setbacks of existing and proposed structures
and parking areas from property lines;
[H] Names of owners of adjacent lots;
[I] Approximate distance from your property line to
existing buildings on adjacent lots;
[J] Uses on lots adjacent to property;
[K] Location of public and private roads adjoining
the property;
[L] Location of existing or proposed easements;
[M] Location of wooded areas and trees greater than
six inches in diameter;
[N] Location of any wetlands or other natural features.
[iii] Floor plan of the existing building and structures
and any proposed buildings and structures showing dimensions of rooms,
total square footages and proposed use of the rooms.
(c)
An appeal stays all proceedings in furtherance of the action
in respect of which the decision appealed from was made, unless the
officer from whom the appeal is taken certifies to the Board after
the notice of appeal shall have been filed with him that by reason
of facts stated in the certificate a stay would, in his opinion, cause
imminent peril to life or property. In such cases, proceedings shall
not be stayed otherwise than by a restraining order which may be granted
by the Board or by the Superior Court of New Jersey on application
or notice to the officer from whom the appeal is taken and on due
cause shown.
(d)
For appeals of determinations of administrative officers pursuant to Subsection a of § 57 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-70), and for requests for interpretation pursuant to Subsection b of § 57 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-70), the applicant shall give public notice pursuant to the Municipal Land Use Law, c. 291, P.L. 1975, N.J.S.A. 40:55D-1 et seq. and §
34-17 of the Harrison Township Ordinances.
(2) To hear and decide requests for interpretation of the Zoning Map
or Ordinance or for decisions on other special questions upon which
the Board is authorized to pass in accordance with N.J.S.A. 40:55D-1
et seq.
(3) Whereby reason of exceptional narrowness, shallowness or shape of
a specific piece of property or by reason of exceptional topographic
conditions or by reason of other extraordinary and exceptional situation
or condition of such piece of property, the strict application of
any regulations in the Zoning Ordinance 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 such strict application
of such regulation so as to relieve such difficulties or hardship;
provided, however, that no variance shall be granted under this subsection
to allow a structure or use in a district restricted against such
structure or use.
(4) To grant a variance to allow a structure or use in a district restricted
against such structure or use in particular cases and for special
reasons, but only by the affirmative vote of at least 2/3 of the fully
authorized membership of the Board. No variance or other relief may
be granted under the provisions of this section unless such variance
or other relief can be granted without substantial detriment to the
public good and will not substantially impair the intent and purpose
of the zone plan and Zoning Ordinance. The Class I and Class III members
of the Planning Board shall not participate in or vote upon any application
for a use variance brought under this Subsection J(4) pursuant to
N.J.S.A. 40:55D-70(d).
[Amended 12-3-2012 by Ord. No. 48-2012]
(5) To direct the 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 or flood control basin or public area reserved on the
Official Map but only by the affirmative vote of a majority of the
full authorized membership of the Board.
(6) The Planning Board shall adopt such rules and regulations as may
be necessary to carry into effect the provisions of the purposes of
this chapter.
(7) No variance or other relief may be granted under the provisions of
this section, including a variance or other relief involving an inherently
beneficial use, without showing that 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.
Any application under any subsection of this section may be referred
to any appropriate person or agency for its report, provided that
such reference shall not extend the period of time within which the
Planning Board shall act.
L. To direct issuance of a permit for a building or structure on a not
abutting street as required by N.J.S.A 40:55D-35 where the enforcement
of this requirement would entail practical difficulty or unnecessary
hardship or where the circumstances do not require the building or
structure to be related to a street pursuant to N.J.S.A. 40:55D-36.
Applications for development within the jurisdiction of the
Planning Board pursuant to the provisions of c. 291, P.L. 1975 shall be filed with the Secretary of the Planning Board. The applicant shall include the required submission materials as set forth on the Land Development Checklist adopted by the Township and as required by Chapters
192,
174 and/or
176, as may be applicable, and the required submission materials as required by any other section of the ordinances, if such applications are provided for or required by ordinance of this municipality. At the time of filing the application the applicant shall also file all plot plans, maps, or other papers required by virtue of any provision of this chapter or any rule of the 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. The application shall be reviewed for completeness pursuant to law, and the applicant will be notified of the date and time for its appearance before the Board.
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.