Article XIII Separate Agencies and Boards Not Assigned

The Committee shall consist of seven members, six of whom shall be appointed by the Mayor with the advice and consent of the Council. The seventh member shall be a member of the Township Council, appointed by the Council. One of the remaining members shall be an occupant of low/moderate income housing and one member may be a developer of low/moderate income housing within the Township who may be a nonresident of the Township.

[Amended 5-13-1996 by Ord. No. 96-10; 4-20-1998 by Ord. No. 98-08]

Committee members appointed by the Mayor shall have a term of three years, except during the initial terms of office, when two members shall have a one-year term, two members shall have a two-year term and three members shall have a three-year term. The Council member shall serve a one-year term.

[Amended 4-20-1998 by Ord. No. 98-08]

The Mayor, with advice and consent of the Council, may appoint two alternates to be designated at the time of appointment as Alternate No. 1 and Alternate No. 2. The length of the terms of the alternate members shall be the same as the length of the terms of the regular members of the Committee (three years). However, Alternate No. 2's initial term shall be two years so that the terms of the alternates shall be staggered.

Alternate members may participate in discussions of the proceedings but may not vote except in the absence or disqualification of a regular member. 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 is to vote, Alternate No. 1 shall vote.

[Added 5-13-1996 by Ord. No. 96-10]

Attendance by four members or alternates shall constitute a quorum. Passage of any motion requires an affirmative vote by a majority of members present.

The Committee shall elect a Chair and Vice Chair from amongst its ranks, though neither the Chair nor the Vice Chair shall be the Council member or the developer member. Their terms of office shall be one year and they shall be eligible for re-election; the Committee may also select a Secretary, who may not be a member of the Committee.

[Amended 5-13-1996 by Ord. No. 96-10]

The Mayor may remove any member of the Committee for cause on written charges served upon the member and after a hearing thereon, at which time the member can be represented by an attorney. A vacancy in the Committee occurring otherwise than by expiration of the term shall be filled for the unexpired term in the same manner as an original appointment.

Powers and duties.

The Committee is hereby granted, in conjunction with those officials/employees who are entrusted by the Township to handle matters involving affordable housing, and shall have all the powers necessary and appropriate to carry out and execute the purposes set forth below:

Preparing and forwarding to the Mayor and Council such rules and regulations as it deems necessary or appropriate to implement the purposes of this section.

Supplying information to developers and families of low or moderate income to help them comply with the provisions of this section.

Holding hearings upon due notice and adjudicate applications of individuals or families who believe themselves to be families of low or moderate income.

Monitoring the Township's housing efforts, identifying problems and recommending changes and improvements as experience may suggest.

§ 4-56.1 Agricultural Advisory Committee.

The Committee shall establish an appeal process regarding the duties set forth in Subsection C(1)(c) above. The Committee shall give 10 calendar days' written notice of hearing to all parties involved and shall give all interested persons an opportunity to be heard and shall render a decision, where applicable, in writing, within 10 calendar days of the completion of the hearing, unless mutually extended.

[Added 11-13-2000 by Ord. No. 2000-27]

Preamble. A Township goal is to preserve farmland. That goal can be advanced through the preparation of a farmland preservation element of the Master Plan and securing grants therefor from higher level jurisdictions. One form of grant available is a planning incentive grant through the New Jersey Department of Agriculture. To be eligible for such a grant, the Planning Board must prepare and adopt a farmland preservation plan element in consultation with a municipal agriculture advisory committee. It is in the best interest of the Township to create such a committee in order to plan systematically for farmland preservation and to be eligible for planning incentive grants and in order to best manage Township-owned farmland.

Creation; appointment; terms of office; vacancies; compensation.

There is hereby created an Agricultural Advisory Committee consisting of three members appointed by the Mayor with the consent of the Township Council. They shall be residents of the Township, and a majority thereof shall be actively engaged in farming and shall own a portion of the land they farm. They shall serve without compensation.

The members shall serve for terms of three years each. The initial appointments shall be staggered so that one term shall be for one year, one for two years and one for three years. Terms shall expire on January 14 of the year of expiration.

[Amended 6-1-2010 by Ord. No. 2010-11[1]; 11-27-2023 by Ord. No. 2023-20[2]]

Editor's Note: This ordinance stated it would be effective 1-1-2011 as provided by Chapter 196 of the Laws of 2009.

Editor's Note: This ordinance stated it would be effective 1-1-2024.

All appointments to fill vacancies shall be for the unexpired term.

A Chairman shall be elected annually by the Committee.

Powers. The Committee shall have such powers as are granted by law to:

Assist the Planning Board in the preparation of the farmland preservation plan element of the Master Plan.

Advise the Planning Board as to all matters dealing with farmland preservation.

Report annually to the Planning Board on its activities.

§ 4-58 Board of Recreation Commissioners.

Advise the Planning Board, Mayor and Township Council on the management of Township-owned farmland properties.

Annual appropriation; estimate; amount. During the month of September in each year, the Agricultural Advisory Committee may forward to the Director of Community Development the estimated sum necessary for the proper conduct of its work during the ensuing calendar year. The Township Council may annually appropriate such sum as it may deem necessary for said purposes.

Removal of Committee member. The Mayor may remove any member of the Committee for cause on written charges served upon the member and after a hearing thereon before the Committee, at which the member shall be entitled to be heard in person or by counsel.

§ 4-57 Board of Health.

Creation; powers. The Board of Health of the Township shall be created and governed pursuant to N.J.S.A. 26:3-1 et seq. The Board's powers shall be as established by law.

Composition; terms of office; appointments. The Board shall consist of five members, all of whom shall be members of the Township Council. All appointments shall coincide with the Council member's term of office. Vacancies shall be filled for the period of the unexpired term.

[Amended 5-13-1996 by Ord. No. 96-10]

Creation. There is hereby created a Board of Recreation Commissioners in the Township under the authority of law.

Appointment; terms; vacancies. The Board shall be composed of seven members who shall be residents of the Township and who shall be appointed by the Mayor. The Commissioners first appointed shall be appointed for terms of one, two, three, four and five years respectively, in such manner that the term of at least one Commissioner and not more than two Commissioners shall expire in each year. Thereafter, all appointments shall be for a term of five years and vacancies shall be filled for the unexpired term only. The respective Commissioners shall serve until their respective successors are appointed and qualified. The Commissioners shall receive no compensation for their services, but shall be entitled to be reimbursed for necessary expenses incurred in the performance of their official duties.

Alternates.

The Mayor, with advice and consent of the Council, may appoint two alternates to be designated at the time of appointment as Alternate No. 1 and Alternate No. 2. The length of the terms of the alternate members shall be the same as the length of the terms of the regular members of the Board (five years). However, Alternate No. 2's initial term shall be four years so that the terms of the alternates shall be staggered.

[Added 5-13-1996 by Ord. No. 96-10]

Standing subcommittee for park and landscape planning issues within the Township.

[Added 5-19-1997 by Ord. No. 97-14]

There shall be created an advisory subcommittee (to the Board of Recreation Commissioners) to deal with the issues of park and landscape planning within the Township, which activities shall encompass open space and/or park use, arboriculture, the care and planting of trees and other landscaping modes and methods for lands throughout the Township. This subcommittee is advisory in nature and will coordinate as appropriate with the Environmental Commission and Planning Board as to such park and open space issues. The subcommittee shall include a member of the Environmental Commission, who shall be appointed by the Mayor and serve in a liaison capacity, a representative of the neighborhood(s) impacted by a park's development, as well as a representative each from the sports associations which may be planning to utilize the facilities. (In the specific case of the Community Park, the above is to include at least a representative of the North Mill homeowners, a representative of the Babe Ruth League and a representative of the Soccer Association, such representatives appointed by the sending organizations and subject to consent by the Mayor and the Council.)

This subcommittee shall submit all recommendations to the full Board, the Mayor, Township Clerk (for the Township Council), the Planning Board and the Environmental Commission.

Authority.

[Amended 5-19-1997 by Ord. No. 97-14]

The Board shall have the powers and shall perform the duties as set forth by law.

§ 4-59 Cable Television Advisory Board.

Attendance by four members or alternates shall constitute a quorum. Passage of any motion requires an affirmative vote by a majority of the members present.

[Amended 5-13-1996 by Ord. No. 96-10; 6-25-2007 by Ord. No. 2007-12; 6-1-2010 by Ord. No. 2010-11[1]; 2-7-2011 by Ord. No. 2011-01]

Creation. There shall be a Cable Television Advisory Board to oversee matters related to cable television in the Township. The Board shall consist of five members, including the Mayor or the Mayor's designee: two members of Council, appointed by Council, and two members of the public, one of whom shall be appointed by Council and one by the Mayor. Members of the public serving on the Board shall be residents of the Township.

Terms. The Mayor shall serve as an ex-officio voting member of the Board. Council members serving on the Board shall be appointed by the Council annually. Residents serving on the Board shall be appointed to three-year terms. Any vacancy shall be filled for the unexpired term.

Powers and duties. The Board shall advise the Administration regarding cable television franchise agreements, programming, local origination and operational issues, and perform such other duties as applicable under law and as specified in Chapter 60 of this Code.

Meetings. Meetings of the Board shall be held in accordance with the Open Public Meetings Act.[2]

Editor's Note: See N.J.S.A. 10:4-6 et seq.

Editor’s Note: This ordinance stated it would be effective 1-1-2011 as provided by Chapter 196 of the Laws of 2009.

§ 4-60 Emergency Management Council.

Creation. In accordance with law, the Township is required to create a local Emergency Management Council to coordinate matters within the Township in case of an emergency.[1]

§ 4-61 Environmental Commission (N.J.S.A. 40:56A-3 et seq.).

Editor's Note: See N.J.S.A. App. A:9-41.

Appointment; terms. There shall be a Township Emergency Management Council composed of 15 individuals, one of whom shall be the Emergency Management Coordinator (as defined below) and one of whom shall be a member of the Township Council. The members shall be appointed by the Mayor and shall hold office at the will and pleasure of the Mayor. Members may be nonresidents of the Township.

[Amended 5-13-1997 by Ord. No. 96-10]

Powers. The Council shall assist the appropriate Township officials in establishing the various local volunteer agencies needed to meet the requirements of all local emergency management activities in accordance with the rules and regulations established by the Governor. The Council is authorized to assist in supervising and coordinating the emergency management activities of the Township.

Coordination. The Mayor shall appoint for a term of three years from the residents of the Township a Township Emergency Management Coordinator. As a condition of appointment and continued appointment within said term, the Coordinator shall, at the time of appointment or within one year of the appointment, successfully complete the current approved courses required by law. The Coordinator shall be responsible for the planning, activating, coordinating and conduct of emergency management operations within the Township. The Coordinator shall be a member and serve as Chair of the Emergency Management Council. The Coordinator shall appoint a Deputy Township Emergency Coordinator, with the approval of the Mayor. Wherever possible, such Deputy shall be appointed from among the salaried officers or employees of the Township.

[Amended 12-16-2019 by Ord. No. 2019-37]

Creation. There is hereby created an Environmental Commission known as the "West Windsor Environmental Commission" for the protection, development or use of the natural resources, including water resources, located within the territorial limits of the Township, pursuant to the provisions of law.[1]

Editor's Note: See N.J.S.A. 40:56A-1 et seq.

Appointment; terms of office; vacancies; compensation.

The Mayor shall appoint seven members of the Commission, one of whom shall be a member of the Planning Board and all of whom shall be residents of the Township. The terms of office of the first Commissioners shall be for one, two or three years and are to be designated by the Mayor in making the appointments so that the initial terms of approximately 1/3 of the members will expire each year, and their successors shall be appointed for terms of three years and until the appointment and qualification of their successors. The Mayor shall also designate the Chair.

The Mayor may remove any member of the Commission for cause, on written charges served upon the member, and after a hearing thereon at which the member shall be entitled to be heard in person or by counsel.

A vacancy in the Commission occurring otherwise than by expiration of a term shall be filled for the unexpired term in the same manner as an original appointment.

Members shall receive no compensation for their services.

[Added 4-19-1999 by Ord. No. 99-07]

Powers. The Commission shall have, but not be limited to, the following powers:

Conducting research into the use and possible use of the open land areas of the Township.

Coordinating the activities of unofficial bodies organized for similar purposes, where applicable.

Advertising, preparing, printing and distributing books, maps, charts, plans and pamphlets which in its judgment it deems necessary for its purposes.

Keeping an index of all open areas publicly or privately owned, including open marshlands, swamps and other wetlands, in order to obtain information on the proper use of such areas.

Promoting the conservation and development of the natural resources of the Township.

Recommending to the Planning Board plans and programs for inclusion in a municipal Master Plan and the development and use of such areas.

Studying and making recommendations concerning open space preservation, water resource management, air pollution control, solid waste management, noise control, soil and landscape protection, environmental appearance, marine resources and protection of flora and fauna.

The Commission may, subject to the approval of the Township Council, acquire property, both real and personal, in the name of the Township by gift, purchase, grant, bequest, devise or lease for any of its purposes and shall administer the same for such purposes subject to the terms of the conveyance or gift. Such an acquisition may be to acquire the fee or any lesser interest, development right, easement (including a conservation easement), covenant or other contractual right (including a conveyance on conditions or with limitations or reversions) as may be necessary to acquire, maintain, improve, protect, limit the future use of or otherwise conserve and properly utilize open spaces and other land use water areas in the Township.

The Commission shall keep records of its meetings and activities and make an annual report to the Mayor and Township Council.

The Council may appropriate funds for the expenses incurred by the Commission, and the Commission may appoint such clerks and other employees as it may require, provided that the same shall be within the limits of funds appropriated to it.

[Amended 5-13-1996 by Ord. No. 96-10]

§ 4-61.1 Shade Tree Commission.

[Added 11-29-1999 by Ord. No. 99-34; amended 4-7-2008 by Ord. No. 2008-02; 6-1-2010 by Ord. No. 2010-11; 11-27-2023 by Ord. No. 2023-20; 2-24-2026 by Ord. No. 2026-10]

Preamble. The Township has acquired and will continue to acquire various public lands, and the Township right-of-way has increased and will continue to increase with the future development of the Township. It is in the best interests of the Township to create a Shade Tree Commission in order to encourage proper arboriculture activities, to discourage improper arboriculture activities, to develop and periodically update a Community Forestry Management Plan for the location, planting and long-term care of trees and shrubbery on public land and in public rights-of-way and to set policy for the maintenance of the trees and shrubbery in such areas.

Creation; appointment; terms of office; vacancies; compensation.

There is hereby created a Shade Tree Commission, which shall be known as the "Shade Tree Commission of West Windsor Township." The Commission shall consist of five members appointed by the Mayor with the advice and consent of Township Council. The members shall be residents of the Township and shall serve without compensation. With the advice and consent of Township Council, the Mayor may appoint advisors to the Commission who have knowledge and interest in trees. Advisors shall serve without compensation. Neither advisors nor Council liaisons have voting privileges in the Commission.

The members shall serve for terms of five years each. However, the initial appointments shall be staggered for respective periods of one, two, three, four and five years. The initial term of appointment shall be designated at the time of appointment. Terms shall expire on January 14 of the year of expiration. Advisors serve for one-year terms that expire on January 14 of each year.

All appointments to fill vacancies shall be for the unexpired term.

A Chairperson shall be elected annually by the Commission. The Chairperson shall serve without compensation.

A Vice Chairperson shall be elected annually by the Commission. The Vice Chairperson shall serve without compensation.

A Secretary shall be elected annually by the Commission. The Secretary shall serve without compensation.

Powers. The Commission shall have, but not be limited to, the following powers:

Establish Township policy for the regulation, planting and care of shade and ornamental trees and shrubbery now located or which may hereafter be planted in any public right-of-way, park and all other property owned by the Township, except state and county highways unless the Department of Transportation or County of Mercer shall consent thereto. Tree and shrubbery care shall include trimming; removing any tree, or part thereof, dangerous to public safety; treating or removing any tree which is believed to harbor a disease or insects readily communicable to neighboring healthy trees; spraying; fertilizing; and other care and protection.

Advise the Township concerning the appropriate use of the ground surrounding shade and ornamental trees and shrubbery insofar as may be necessary for their proper growth, care and protection.

Encourage proper arboricultural practices and discourage improper arboricultural practices on public, commercial and residential properties throughout the Township.

(Reserved)

Administer arbor day activities within the Township.

Develop, adopt and adhere to a Community Forestry Management Plan, consistent with State requirements, that includes, among other items, tree inventories, tree planting plans, tree maintenance programs and tree remediation plans.

Recommend to the Planning Board plans and programs for inclusion in the Municipal Master Plan for the development and use of public land and rights-of-way.

Municipal arborist. The Shade Tree Commission may use the services of a Township employee as an arborist who shall consult with the Commission on arboriculture tasks.

Qualifications. The arborist shall be thoroughly knowledgeable and experienced in tree species, tree diseases, insects affecting trees, tree damage, tree maintenance, soil conditions affecting trees and tree transplanting and shall be a certified tree expert (CTE).

Duties. The duties of the arborist may include:

To inspect or supervise planting, maintenance and treatment work authorized by the Shade Tree Commission.

To assist the Township Engineer with inspection of plantings required with site development by the Planning Board, Zoning Board, Township Engineer or Township Council.

To advise or assist the Commission in evaluation of plans, drawings or specifications involving existing trees or proposed tree planting in or affecting the Township.

To perform other tasks in the field of arboriculture related to the Township.

(e)

To oversee administration of the West Windsor Trees Ordinance (Chapter 170 of the West Windsor Code) and this section.

(f)

Attend all Shade Tree Commission Meetings and respond to members' suggestions and questions in a timely manner.

Annual appropriation; estimate; amount. During the month of September in each year, the Shade Tree Commission shall forward to the Director of Community Development the estimated sum necessary for the proper conduct of its work during the ensuing calendar year. The Township Council shall annually appropriate such sum as it may deem necessary for said purposes.

All funds in the annual appropriations shall be spent only after approval by the Commission members. The Township shall provide, on a quarterly basis, the total amount of funds appropriated, any approved expenditures and the running balance.

In the first quarter of every year, the Commission Chairperson or their designee shall submit a report, either in writing or in person, to the Mayor and Council of the work completed by the Shade Tree Commission in the previous year.

Removal of Commission member. The Mayor may remove any member of the Commission for cause on written charges served upon the member and after a hearing thereon before the Commission at which the member shall be entitled to be heard in person or by counsel.

§ 4-62 Human Relations Council.

Preamble. Under the direction of the Mayor, the Human Relations Council will develop, coordinate and amplify community awareness of the diverse cultures represented in the Township. This is to be accomplished through the development and implementation of approved programs and services which will foster cultural exchange. The Council will report annually and/or as requested or needed on its activities and recommendations.

Creation. There is hereby created a Human Relations Council to develop, coordinate and amplify the community awareness of the diverse cultures as represented in the Township.

Appointment; terms; vacancies; compensation.

The Council shall consist of 12 members, who shall be representatives of the diverse cultural interests within the Township. All members shall be appointed by the Mayor, with advice and consent of the Council. Advisers, but not regular members, may be nonresidents who are employed within the Township.

[Amended 5-13-1996 by Ord. No. 96-10]

Members shall serve for terms of two years each. Six of the initial appointments shall be for one year and the other six shall be for two years. At the expiration of the one-year terms, the ensuing appointments shall be for two years. All terms shall expire on January 14 of the year of the expiration.

[Amended 11-27-2023 by Ord. No. 2023-20[1]]

Editor's Note: This ordinance stated it would be effective 1-1-2024.

A vacancy occurring other than by expiration of term shall be filled in the same manner as other appointments, but said appointment is for the unexpired term only.

Members shall receive no compensation for their services.

Structure. The Council shall designate one of its members as Chair and that person shall serve as such until the first day of January next following the appointment and until the successor shall be appointed and shall qualify. Vacancies in the Chair shall be filled in the same manner as other vacancies for the unexpired term only.

Powers and duties. The Council shall have the following powers and duties:

Raising the Township's awareness and cultural diversity in an effort to enhance the quality of life in the Township's citizens.

Developing, conducting and evaluating programs geared to increase cultural awareness of the Township's population.

Conferring with appropriate governmental and private agencies for the purpose of developing, implementing and evaluating the scope of activities.

Submitting, with the cooperation, advice and, where applicable, approval of the Mayor and Council, proposals for grants for facilities, programs and services to appropriate governmental and private agencies.

Reporting annually to the Mayor and Council.

§ 4-63 (Reserved) [1]

Editor's Note: Former § 4-63, Local Assistance Board, as amended, was repealed 2-7-2011 by Ord. No. 2011-03.

§ 4-64 Parking Authority.

Creation; powers. Acting pursuant to law, the Township hereby creates a public body corporate and politic to be known as the "Parking Authority of the Township of West Windsor." The Authority shall constitute a parking authority as contemplated and provided for by law and shall have all the power and duties given to parking authorities by law, as supplemented and amended; provided, however, that no real property shall be acquired by eminent domain without the consent of the Township Council.

[Amended 12-16-2019 by Ord. No. 2019-37]

Membership. The Authority shall consist of five members, who shall be appointed by the Council and serve terms of five years, except that the members' initial terms shall consist of terms of one, two, three, four and five years respectively from their date of appointment. Vacancies shall be filled for the unexpired terms.

[Amended 4-19-1999 by Ord. No. 99-07]

Compensation. Members shall receive no compensation for their services.

[Added 4-19-1999 by Ord. No. 99-07]

§ 4-65 Planning Board.

[Amended 8-29-1994 by Ord. No. 94-33; 5-13-1996 by Ord. No. 96-10]

The Planning Board heretofore created by West Windsor Township is continued and is hereby established pursuant to N.J.S.A. 40:55D-23 et seq. as the Planning Board for said municipality.

[Amended 4-19-1999 by Ord. No. 99-07]

Composition.

The Planning Board shall consist of nine members, who shall be divided into the following four classes for convenience in designating their manner of appointment:

Class 1: The Mayor, or the Mayor's designee in the absence of the Mayor.

[Amended 4-19-1999 by Ord. No. 99-07]

Class 2: One of the officials of the Township other than a member of the Council, to be appointed by the Mayor, provided that the member of the Environmental Commission who is also a member of the Planning Board, as may be required by N.J.S.A. 40:56A-1, shall be deemed to be a Class 2 Planning Board member if there is both a member of the Zoning Board of Adjustment and a member of the Board of Education among Class 4 or alternate members.

Class 3: A member of the Township Council, to be appointed by it.

Class 4: Six other citizens of the municipality, to be appointed by the Mayor. The members of Class 4 shall hold no other municipal office, except that one member may be a member of the Zoning Board of Adjustment and one may be a member of the Board of Education. A member of an 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 4 Planning Board member unless there be among the Class 4 or alternate members of the Planning Board both a member of the Zoning Board of Adjustment and a member of the Board of Education, in which case the member of the Environmental Commission shall be deemed to be the Class 2 member of the Planning Board.

In addition to the nine members set forth above, there are established two alternate members to be appointed by the same appointing authority as class 4 members.

The alternate members shall serve for two years from January 1 of the year of their appointment. The initial terms of the alternate members shall be for one and two years, respectively, as designated by the Mayor at the time of their appointment. The Mayor shall designate the alternate members as "Alternate No. 1" and "Alternate No. 2."

[Amended 6-1-2010 by Ord. No. 2010-11[1]]

Editor’s Note: This ordinance stated it would be effective 1-1-2011 as provided by Chapter 196 of the Laws of 2009.

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 is to vote, Alternate No. 1 shall vote.

Terms.

The term of the member comprising Class 1 shall correspond with the Mayor's official tenure of office, or if the member is the Mayor's designee in the absence of the Mayor, the designee shall serve at the pleasure of the Mayor during the Mayor's official tenure. The terms of the members comprising Class 2 and Class 3 shall be for one year or terminate at the completion of their respective terms of office, whichever shall first occur, except for a Class 2 member who is also a member of the Environmental Commission, if any. The term of a Class 2 or Class 4 member who is also a member of the Environmental Commission, if any, shall be for three years or terminate at the completion of his term of office as a member of the Environmental Commission, whichever shall have first occurred.

[Amended 4-19-1999 by Ord. No. 99-07]

The term of a Class 4 member who is also a member of the Board of Adjustment or the Board of Education shall terminate whenever the Class 4 member is no longer a member of such other body or at the completion of the member's Class 4 term, whichever shall first occur.

The terms of all Class 4 members first appointed pursuant to this section shall be so determined that, to the greatest practical extent, the expiration of such terms shall be evenly distributed over the first four years after their appointment as determined by resolution of the Township Council; 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 4 members shall be appointed for terms of four years except as otherwise herein provided.

[Amended 10-22-2001 by Ord. No. 2001-20]

All terms shall run from January 15 of the year in which the appointment was made.

[Added 10-22-2001 by Ord. No. 2001-20; amended 6-1-2010 by Ord. No. 2010-11[2]; 11-27-2023 by Ord. No. 2023-20[3]]

Editor's Note: This ordinance stated it would be effective 1-1-2011 as provided by Chapter 196 of the Laws of 2009.

[3]

Editor's Note: This ordinance stated it would be effective 1-1-2024.

Vacancies. In the event of the occurrence of any vacancy of any class other than by expiration of term, it shall be filled by appointment as above provided for the unexpired term.

Compensation. Members of the Planning Board shall serve without salary but may be paid expenses incurred in the performance of duties.

Qualifications applicable to majority of members. No member shall be permitted to act on any matter in which he has, directly or indirectly, any personal or financial interest.

Organization of Board. The Planning Board shall elect a Chair and Vice Chair from the members of Class 4 and select a secretary who may be either a member of the Planning Board or a municipal employee designated by it.

Planning Board Attorney; other staff and consultants. 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 and the Zoning Board of Adjustment Attorney. The Planning Board may also employ or contract for the services of experts and other staff and services as it may be deemed necessary. The Board shall not, however, exceed, exclusive of gifts or grants, the amount appropriated by the Council for its use.[4]

[4]

Editor's Note: Former Section 2-13.11, Sewer Appeals Board, as amended, which immediately followed this subsection, was deleted 4-19-1999 by Ord. No. 99-07..

§ 4-66 Technical Review Committee.

[Amended 5-13-1996 by Ord. No. 96-10; 4-19-1999 by Ord. No. 99-07; 1-14-2002 by Ord. No. 2001-27; 7-30-2018 by Ord. No. 2018-20]

Function. The Technical Review Committee (TRC) is hereby established for the purpose of assisting the Planning Board and Zoning Board of Adjustment in their duties, as may be required by the Township Land Use Manager, for site plan and/or subdivision applications; general development plan applications; concept plans, and requests for change in zoning, or master plan amendments, according to the following procedure:

Review technical aspects of the proposed land development, including, but not limited to, vehicular/bicycle/pedestrian circulation, parking, and loading, lighting, signage, landscaping, stormwater management and drainage, utilities design, building location, layout, and design and related construction details.

Review for noncompliance and compatibility with applicable development regulations, and designations as specified by Township Code, Master Plan, and/or existing development patterns, offering advice to achieve compliance and compatibility.

Submit TRC final report(s) to the Planning Board and/or Zoning Board of Adjustment, prior to any public hearing.

The Technical Review Committee shall convene at the direction of the Township Land Use Manager.

Membership: When convened for the purposes outlined in this article the TRC may consist of the Township Engineer, the Township Landscape Architect, the Chief of Fire and Emergency Services, the Planning Consultant, the Planning Board Attorney, and the Zoning Officer. The Traffic Engineering Consultant and the Township Environmental Consultant may also be required for certain proposals and/or applications, at the discretion of the Land Use Manager.

[Amended 2-24-2020 by Ord. No. 2020-08]

Authority. The Technical Review Committee shall act in an advisory function, with no approval authority on any application it may review.

§ 4-67 Stony Brook Regional Sewerage Authority. [1]

All powers and duties for the Authority shall be as set forth under the Sewerage Authorities Law (N.J.S.A. 40:14A-1 et seq.) and Chapter 133, Sewers, Article I, Sewer Use, of this Code, except the appointment of the Township's representative to the Authority, which is as set forth below.

Appointment. The Township representative to the Authority shall be a Mayoral appointment, with advice and consent of the Council, for a term as provided by law. Vacancy shall be filled in accordance with law.

Compensation. Members shall receive no compensation for services.

[Added 4-19-1999 by Ord. No. 99-07]

Editor's Note: See also Ch. 133, Sewers, Art. I, Sewerage Authority.

§ 4-68 Zoning Board of Adjustment.

[Amended 8-29-1994 by Ord. No. 94-33; 5-13-1996 by Ord. No. 96-10]

Establishment; membership; terms; officers; staff; rules; compensation.

Establishment. The Zoning Board of Adjustment heretofore created is continued and is hereby established pursuant to N.J.S.A. 40:55D-69 et seq. as the Board of Adjustment for the municipality.

Membership. The Zoning Board of Adjustment shall consist of seven regular members and two alternate members. All members including alternates shall be appointed by the Council. Alternate members shall be designated at the time of appointment "Alternate No. 1" and "Alternate No. 2."

[Amended 12-16-2019 by Ord. No. 2019-37]

Terms. The terms of the members first appointed shall be so determined that, to the greatest practicable extent, the expiration of such terms shall be distributed in the case of regular members evenly over the first four years after their appointment and in the case of alternate members evenly over the first two years after their appointment, provided that the initial term of no regular member shall exceed four years and that the initial term of no alternate member shall exceed two years. Thereafter, the term of each regular member shall be four years, and the term of each alternate member shall be two years. All terms of office shall run from January 15 of the year in which the appointment was made.

[Amended 10-22-2001 by Ord. No. 2001-20; 6-1-2010 by Ord. No. 2010-11[1]; 11-27-2023 by Ord. No. 2023-20[2]]

Editor's Note: This ordinance stated it would be effective 1-1-2011 as provided by Chapter 196 of the Laws of 2009.

Editor's Note: This ordinance stated it would be effective 1-1-2024.

Conflicts of interest; removal; vacancies. No member may hold any elective office or position under the municipality. No member of the Board of Adjustment shall be permitted to act on any matter in which the member has, either directly or indirectly, any personal or financial interest. A member may, after public hearing if the member requests it, be removed by the Council for cause. A vacancy occurring otherwise than by expiration of term shall be filled for the unexpired term only.

Officers. The Board of Adjustment shall elect a Chair and a Vice Chair from among its members and shall also select a secretary, who may but need not be a member of the Board or another municipal employee.

Attorney; staff and services. The office of the Board of Adjustment Attorney is hereby created. The Board of Adjustment may annually appoint to such office and fix the compensation or rate of compensation of an attorney at law of New Jersey, other than the Municipal Attorney. The Board may also employ or contract for and fix the compensation of such experts and other staff and services as it deems necessary. Obligations for the foregoing shall not exceed, exclusive of gifts or grants, the amount appropriated by the Council for the Board's use.

Rules and regulations. The Board shall adopt such rules and regulations as may be necessary to carry into effect the provisions and purposes of this section. 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.

(8)

Compensation. Members shall receive no compensation for services.

[Added 4-19-1999 by Ord. No. 99-07]

Powers.

The powers of the Zoning Board of Adjustment shall be in accordance with N.J.S.A. 40:55D-70 et seq., and amendments and supplements thereto, and with the provisions of this chapter.

It is further the intent of this section to confer upon the Zoning Board of Adjustment as full and complete powers as may lawfully be conferred upon such Board, including, not by way of limitation, the authority in connection with any case, action or proceeding before the Board to interpret and construe the provisions of this chapter, or any term, clause, sentence or word hereof, and the Zoning Map, in accordance with the general rules of construction, applicable to legislative enactments.

The Board may in appropriate cases and subject to appropriate conditions and safeguards grant variances from the terms of this chapter in accordance with the general or specific rules contained herein and with the general rule hereby laid down that equity shall be done in cases where the strict construction of the provisions of this chapter would work undue hardship. The powers and duties of the Board having been delegated to and imposed upon it by statute, the Board shall in all cases follow the provisions applicable to it in said N.J.S.A. 40:55D-1 et seq. and/or subsequent statutes in such case made and provided, and it shall from time to time furnish to any person requesting the same a copy of its rules and information as to whom appeals or applications may properly be filed with the Board for its decision thereon.

Appeals and applications.

Appeals to the Board of Adjustment may be taken by any interested party affected by any decision of an administrative officer of the municipality based on or made in the enforcement of Part 4, Zoning, of Chapter 200, or the Official Map. Such appeal shall be taken within 20 days by filing a notice of appeal with the officer from whom the appeal is taken, specifying the grounds of such appeal. The officer from whom the appeal is taken shall immediately transmit to the Board all the papers constituting the record upon which the action appealed from was taken.

Applications addressed to the original jurisdiction of the Board of Adjustment without prior application to an administrative officer shall be filed with the Secretary of the Zoning Board of Adjustment. Three or more copies of the application shall be filed. At the time of filing the appeal or 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 this chapter or any rule of the Board of Adjustment. The applicant shall obtain all necessary forms from the Secretary of the Zoning Board of Adjustment. The Secretary of the Board shall inform the applicant of the steps to be taken to initiate proceedings and of the regular meeting dates of the Board.

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 of Adjustment after the notice of appeal shall have been filed with that officer, 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 of Adjustment 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.

[Amended 12-16-2019 by Ord. No. 2019-37]

Power to reverse or modify decisions. In exercising the above-mentioned power, the Board of Adjustment may, in conformity with the provisions of N.J.S.A. 40:55D-70 et seq. or amendments thereto or subsequent statutes applying, reverse or affirm wholly or partly or may modify the order, requirement, decision or determination as ought to be made, and to that end have all the powers of the zoning officer from whom the appeal was taken.

Expiration of variance. Any variance from the terms of this chapter granted by the Board of Adjustment permitting the erection or alteration of any structure or structures or permitting a specified use of any premises shall expire unless construction or alteration shall have actually commenced on each and every structure permitted by said variance or unless such permitted use has actually been commenced within one year from the date of publication of the notice of the judgment or determination of the Board of Adjustment or such greater time limit as the Board may on a case by case basis grant upon showing of good cause made by the applicant. Time limits which have been determined in accordance with the foregoing may thereafter be extended upon application to the Board of Adjustment (with notice as required for variance hearings), provided that the application shall be made prior to the expiration of the time limitations sought to be extended. Upon a showing of good cause made by the applicant before the Board of Adjustment, the Board may extend the time limitation by resolution. The running of the period of time limitation provided shall be tolled from the date of filing on appeal from the decision of the Board of Adjustment to the court of competent jurisdiction until the termination of such appeal or proceeding.[3]

[3]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).

Powers granted by law.

The Board of Adjustment shall have such powers as are granted by law to:

Hear and decide appeals where it is alleged by the appellant that there is error in any order, requirement, decision or refusal made by a zoning official or agency based on or made in the enforcement of Part 4, Zoning, of Chapter 200.

Hear and decide requests for interpretation of the Map or Part 4, Zoning, of Chapter 200 or for decisions upon other special questions upon which such Board is authorized by said Part 4, Zoning, to pass.

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 Article 8 of N.J.S.A. 40:55D-1 et seq. 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.

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. would be advanced by a deviation from the requirements of Part 4, Zoning, of Chapter 200, and the benefits of the deviation would substantially outweigh any detriment, grant a variance to allow departure from regulations pursuant to this chapter; provided, however, that no variance from those departures enumerated in Subsection F(1)(e) below shall be granted under this subsection; and provided, further, that the proposed development does not require approval by the Planning Board of a subdivision, site plan or conditional use in conjunction with which the Planning Board has power to review a request for a variance pursuant to this chapter.

(e)

In particular cases and for special reasons grant a variance to allow departure from zoning regulations 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 § 200-147 of Chapter 200, Land Use, pertaining solely to a conditional use, an increase in the permitted floor area ratio as defined in § 200-4 or an increase in the permitted density as defined in § 200-4, 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. A variance under this subsection shall be granted only by affirmative vote of at least five members.

No variance or other relief may be granted under the terms 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 the purpose of the zone plan and Part 4, Zoning, of Chapter 200. An application under this section may be referred to any appropriate person or agency, including the Planning Board for its report, provided that such reference shall not extend the period of time within which the Zoning Board of Adjustment shall act.

Additional powers. The Zoning Board of Adjustment shall, in addition to the powers specified in Subsection B, have power given by law to do the following:

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.

Direct issuance of a permit pursuant to N.J.S,A. 40:55D-36 for a building or structure not related to a street.

Grant, to the same extent and subject to the same restrictions as the Planning Board, subdivision or site plan approval or conditional use approval pursuant to this chapter whenever the proposed development requires approval by the Board of Adjustment 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. The separate approval of the variance shall be conditioned upon granting of all required subsequent approvals by the Board of Adjustment. 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 Part 4, Zoning, of Chapter 200. The number of votes of Board Members required to grant any such subsequent approval shall be otherwise provided in N.J.S.A. 40:55D-1 et seq. for the approval in question, and the special vote pursuant to the aforesaid N.J.S.A. 40:55D-70d shall not be required.

Time frame for decision.

The Board of Adjustment shall render its decision not later than 120 days after the date an appeal is taken from the decision of an administrative officer or after submission of a complete application for development.