Berkeley Heights City Zoning Code

There is hereby established pursuant to c. 291, P.L. 1975 (N.J.S.A. 40:55D-23 et seq.) in the Township of Berkeley Heights a municipal Planning Board of nine (9) members consisting of the following four classes:

Class I. The Mayor (Chairman of the Township Governing Body).

Class II. One (1) of the officials of the municipality other than a member of the governing body to be appointed by the Mayor; provided that the member of the Environmental Commission who is also a member of the Planning Board as required by N.J.S.A. 40:56A-1 shall be deemed to be the Class II Planning Board member if there are both a member of the Zoning Board of Adjustment and a member of the Board of Education among the Class IV members.

Class III. A member of the governing body to be appointed by the Township Mayor and Council.

Class IV. Six (6) other citizens of the Township to be appointed by the Mayor.

The members of Class IV shall hold no other municipal office, except that one (1) may be a member of the Zoning Board of Adjustment and one (1) may be a member of the Board of Education. A member of the Environmental Commission who is also a member of the Planning Board as required by N.J.S.A. 40:56A-1 shall be a Class IV Planning Board member unless there be among the Class IV 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 a Class II member of the Planning Board.

(Ord. No. 33-2023, § I(Exh. 1), 12-19-2024)

A.

The term of the member composing Class I shall correspond with his official tenure. The terms of the members composing Class II and Class III shall be for one (1) year or terminate at the completion of their respective terms of office whichever occurs first, except for a Class II member who is also a member of the Environmental Commission. The term of a Class II or Class IV member who is also a member of the Environmental Commission shall be for three (3) years or terminate at the completion of his term of office as a member of the Environmental Commission, whichever occurs first.

B.

The term of a Class IV member who is also a member of the Board of Adjustment or Board of Education shall terminate whenever he is no longer a member of such other body 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 Ordinance shall be so determined that to the greatest practicable extent the expiration of such term shall be distributed evenly over the first four (4) years after their appointment as determined by resolution of the governing body, provided, however, that no term of any member shall exceed four (4) years and further provided that nothing here shall affect the term of any present member of the Planning Board, all of whom shall continue in office until the completion of the terms for which they were appointed. Thereafter, all Class IV members shall be appointed for terms of four (4) years except as otherwise hereinabove provided. All terms shall run from January 1 of the year in which the appointment is made.

D.

Alternate Members of Planning Board. In addition to the above appointed six (6) members, the Township Mayor and Council shall also appoint two (2) alternate Class IV members who shall meet the qualifications provided herein for Class IV members of nine (9)-member planning boards. These alternate members shall be designated at the time of appointment by the Mayor as "Alternate No. 1" and "Alternate No. 2." The terms of the alternate members shall be for two (2) years, except that on the initial appointment, Alternate No. 1 shall be appointed for one (1) year and Alternate No. 2 shall be appointed for two (2) years. A vacancy occurring otherwise than by expiration of term shall be filled by the Township Mayor and Council for the unexpired term only. 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 (1), be removed by the Township Mayor and Council for cause.

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.

If a vacancy in any class shall occur otherwise than by expiration of a term, it shall be filled by appointment as above provided for the unexpired term.

The Planning Board shall elect a Chairman and Vice Chairman both 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 the Board.

(Ord. No. 33-2023, § I(Exh. 1), 12-19-2024)

There is hereby created the office of Planning Board Attorney. The Planning Board may annually appoint, contract for, and fix the compensation of the Planning Board Attorney who shall be an attorney other than the Township 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, inclusive of gifts or grants, the amount appropriated by the governing body for its use.

Whenever the performance of his official duties shall require any member of the Planning Board to deliberate, vote or act upon any matter involving his financial or personal interest pursuant to the Code of Ethics of the Township of Berkeley Heights either directly or indirectly, he shall publicly disqualify himself from participation in the deliberations, as well as voting thereon and he shall not participate in any discussion or decision relating thereto.

(Ord. No. 33-2023, § I(Exh. 1), 12-19-2024)

A.

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

B.

All members of the Planning Board shall serve without compensation.

C.

A member of the Planning Board who was absent for one (1) 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 (1) or more of the meetings; provided, however, that such board member has available to him the transcript or recording of all of the hearing from which he was absent, and certifies in writing to the board that he has read such transcript or listened to such recording.

D.

A condition for any approval by the Planning Board shall be the certification by the Tax Collector that no taxes or assessments for local improvements are due or delinquent on the property for which application is made.

(Ord. No. 33-2023, § I(Exh. 1), 12-19-2024)

The Planning Board is authorized to adopt by-laws governing its procedural operation. It shall also have the following powers and duties:

A.

To make and adopt and from time to time amend a Master Plan for the physical development of the Township including any areas outside its boundaries, which in the Board's judgment bear essential relation to the planning of the Township, in accordance with the provisions of N.J.S.A. 40:55D-28.

B.

To administer the provisions of Part 10 of this Ordinance "Site Plan Review and Approval" and Part 7, "Conditional Uses," in accordance with provisions of c. 291, P.L. 1975 and C. 216, P.L. 1979 (N.J.S.A. 40:55D-67), the Municipal Land Use Law, its amendments and supplements.

C.

To administer the provisions of Part 9 of this Ordinance "Subdivision of Land" in accordance with the provisions of said Ordinance and the Chapter 291, Laws of N.J. 1975; N.J.S.A. 40:55D-1 et seq., and Amendments, Chapter 216, Laws of N.J. 1979 (Municipal Land Use Law).

D.

To participate in the preparation and review of programs or plans required by State or Federal law or regulation.

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 (6) years, and amendments thereto, and recommend same to the governing body.

G.

To consider and make reports to the governing body within thirty-five (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 specially referred to the Planning Board by the Township Mayor and Council, pursuant to the provisions of N.J.S.A. 40:55D-26(b).

H.

To grant to the same extent and subject to the same restrictions as the Zoning Board of Adjustment, when reviewing applications for approval of subdivision plans, Site Plans, or conditional uses:

1.

Variances pursuant to Subsection 57(c) of c. 291, P.L. 1975 (N.J.S.A. 40:55D-70) and amended by c. 216, P.L. 1979.

2.

Authorization pursuant to Section 25 of said Act for issuance of a permit for a building or structure in the bed of a mapped street or public drainage way, flood control basin or public area reserved pursuant to Section 23 of said Act.

3.

Authorization 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.

(Ord. No. 33-2023, § I(Exh. 1), 12-19-2024)

Minor subdivision approvals shall be granted or denied within forty-five (45) days of the date of submission of a complete application for a minor subdivision to the Planning Board or within such further time as may be consented to by the applicant. Approval of a minor subdivision shall expire one hundred ninety (190) days from the date of Planning Board approval unless within such period a plan in conformity with such approval and the provisions of the "Map Filing Law," or deed clearly describing the approved minor subdivision, is filed by the developer with the County Recording Officer, the Township Engineer, and the Township Tax Assessor. Failure by the Planning Board to act within said forty-five (45)-day period shall be deemed approval.

(Ord. No. 33-2023, § I(Exh. 1), 12-19-2024)

Upon submission of a complete application for a subdivision of ten (10) or fewer lots, the Planning Board shall grant or deny preliminary approval within forty-five (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 ten (10) lots, the Planning Board shall grant or deny preliminary approval within ninety-five (95) days of the date of such submission or within such further time as may be consented to by the developer. Otherwise, the failure to meet the forty-five (45)-day or ninety-five (45)-day said limits by the Planning Board shall be deemed preliminary approval for the subdivision.

(Ord. No. 33-2023, § I(Exh. 1), 12-19-2024)

Application for final subdivision approval shall be granted or denied within forty-five (45) days of submission of a complete application or within such further time as may be consented to by the applicant.

(Ord. No. 33-2023, § I(Exh. 1), 12-19-2024)

A.

Whenever the Planning Board is called upon to exercise its ancillary powers before the granting of a variance as set forth in Article 15.3, Section 15.3.1(H) of this Ordinance, the Planning Board shall grant or deny approval of the application within ninety-five (95) days after submission by the developer of a complete application or within such further time as may be consented to by the applicant.

B.

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.

(Ord. No. 33-2023, § I(Exh. 1), 12-19-2024)

A.

Application 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.

B.

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.

(Ord. No. 33-2023, § I(Exh. 1), 12-19-2024)

The Mayor may appoint one (1) 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.

(Ord. No. 33-2023, § I(Exh. 1), 12-19-2024)

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.

(Ord. No. 33-2023, § I(Exh. 1), 12-19-2024)