A.
Establishment.
There is hereby established pursuant to c. 291, P.L. 1975,[1] in the Township of Harrison, in the County of Gloucester
a combined Municipal Planning Board of nine members consisting 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.
(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. The members of Class IV shall hold no other municipal
office, position or employment, and one may be a member of the Board
of Education, one member may be a member of the Environmental Commission,
and one member may be a member of the Historic Preservation Commission.
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
Planning Board member, unless there be among the Class IV members
of the Planning Board both a member of the Historic Preservation Commission
and a member of the Board of Education, in which case the member of
the Environmental Commission shall be deemed to be the Class II member
of the Planning Board.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
B.
Alternate
members.
(1)
Up to four alternate members shall be appointed to the Planning Board
by the Mayor for Class IV members, and said members shall meet the
qualifications of Class IV members as provided in this chapter. Alternate
members shall be designated at the time of appointment by the Mayor
as "Alternate No. 1,""Alternate No. 2," "Alternate No. 3" and "Alternate
No. 4." The terms of the alternate members shall be for two years,
and their expiration dates shall be staggered such that two alternate
members can be appointed each year. A vacancy occurring otherwise
than by expiration of the term shall be filled by the appointing authority
for the unexpired term only.
(2)
No alternate member shall be permitted to act on any matter in which
he has either directly or indirectly any personal or financial interest.
An alternate member may, after public hearing if he requests one,
be removed by the governing body for cause.
(3)
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.
A.
The
term of the member composing Class I shall correspond with his official
tenure. The term of the member composing Class II 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
a 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 comes
first.
B.
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 the Board of
Education or at the completion of his Class IV term, whichever occurs
first.
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 term shall be evenly distributed 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 term of any present member of the Planning Board, all of
whom shall continue in office until the completion of the term for
which they were appointed. Thereafter all Class IV members shall be
appointed for terms of four years except as otherwise herein provided.
All terms shall run from January 1 of the year in which the appointment
was made.
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.
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:
(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[2]]
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,[3] 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.
[3]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
(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;
[B]
North arrow and scale;
[C]
Proposed buildings or additions;
[D]
Proposed parking;
[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.
A.
Minor
subdivisions. Minor subdivision approvals shall be granted or denied
within 45 days of the date of submission of a complete application
to the Planning Board 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 of Planning Board approval unless within such
period a plat in conformity with such approval and the provisions
of the Map Filing Law, or a deed clearly describing the approved minor
subdivisions, is filed by the developer with the county recording
officer, the Municipal Engineer, and the Municipal Tax Assessor. Any
such plat or deed must be signed by the Chairman and Secretary of
the Planning Board before it will be accepted for filing by the county
recording officer.
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
or within such further time as may be consented to by the developer.
Upon submission of a complete application for a subdivision of more
than 10 lots, the Planning Board shall grant or deny preliminary approval
within 95 days of the date of such submission or within such further
time as may be consented to by the developer. Otherwise, the Planning
Board shall be deemed to have granted preliminary approval for the
subdivision.
C.
Ancillary powers. Whenever the Planning Board is called upon to exercise its ancillary powers before the granting of a variance as set forth in Article I, § 34-7G of this chapter, the Planning Board shall grant or deny approval of the application within 95 days after submission by the developer of a complete application or within such further time as may be consented to by the applicant. Failure of the Planning 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 Planning Board to act shall be issued on request of the applicant.
D.
Final
approval.
(1)
Applications for final subdivision approval shall be granted or denied
within 45 days of submission of a complete application or within such
further time as may be consented to by the applicant.
(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.
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 signing of the plat.
E.
The Planning Board shall render its decision not later than 120 days
after the date an appeal is taken from the decision of an administrative
officer, or the submission of a complete application for development
to the Board pursuant to the provisions of N.J.S.A. 40:55D-72b. Failure
of the Board to render a decision within such one-hundred-twenty-day
period or within such further time as may be consented to by the applicant
shall constitute a decision favorable to the applicant.
Applications for development within the jurisdiction of the
Planning Board pursuant to the provisions of c. 291, P.L. 1975[1] 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.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
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.
