Bloomsbury City Zoning Code
ARTICLE V
Planning Board
§ 270-31 Membership.
A.
The Borough of Bloomsbury Planning Board, created pursuant to N.J.S.A. 40:55D-25c, shall consist of nine members and up to four alternate members, consisting of four classes as follows:
(2)
Class II: one of the officials of the Borough other than a member of Council to be appointed by the Mayor, provided that if there is a member of the Board of Education among the Class IV members, the member of the Environmental Commission who is also a member of the Planning Board shall be deemed to be the Class II Planning Board member.
(3)
Class III: a member of the Borough Council to be appointed by the Borough Council.
(4)
Class IV: six other citizens of the Borough to be appointed by the Mayor.
(5)
Alternate members: the Mayor shall appoint up to four alternate members pursuant to and in conformance with N.J.S.A. 40:55D-23.1.
B.
The Class I and Class III members of the Planning Board shall not participate in or remain present during the consideration of any applications made to the Board pursuant to N.J.S.A. 40:55D-70d.
§ 270-32 Terms of office.
A.
The term of the member composing Class I shall correspond with his or her official tenure, 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 composing Class II and Class III shall be for one year or terminate at the completion of their respective terms of office, whichever comes first. The term of a Class II or Class IV member who is also a member of the Environmental Commission shall be for three years or terminate at the completion of his or her term of office as a member of the Environmental Commission, whichever comes first. The term of a Class IV member who is also a member of the Board of Education shall terminate at the completion of his or her term of office.[1]
B.
The terms of all Class IV members first appointed pursuant to this article shall be so determined that to the greatest practicable extent the expiration of such terms shall be distributed evenly over the first four years after their appointment as determined by resolution of the Mayor and Borough Council, provided that no term of any member shall exceed four years. Thereafter, all Class IV members shall be appointed for terms of four years, except as otherwise hereinabove provided. All terms shall run from January 1 of the year in which the appointment is made.
§ 270-33 Vacancies.
If a vacancy of any class shall occur otherwise than by expiration of term, it shall be filled by appointment as provided above for the unexpired term.
§ 270-34 Officers.
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 Borough employee designated by it.
§ 270-35 Planning Board Attorney.
There is hereby created the office of the Planning Board Attorney. The Planning Board may annually appoint and fix the compensation of or agree upon the rate of compensation of the Planning Board Attorney, who shall be an attorney other than the Borough Attorney and shall be appointed annually.
§ 270-36 Experts and staff.
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 Mayor and Borough Council for its use.
§ 270-37 Conflicts of interest; removal of members.
No member of the Planning Board shall be permitted to act on any matter in which there is any personal or financial interest, either directly or indirectly. Any member other than a Class I member, after a public hearing if requested, may be removed by the governing body for cause.
§ 270-38 Powers and jurisdiction.
A.
General powers. The Planning Board shall follow the provisions of N.J.S.A. 40:55D-25. It shall accordingly exercise its powers in regard to:
(1)
The Master Plan pursuant to N.J.S.A. 40:55D-28.
(2)
Subdivision control and site plan review pursuant to N.J.S.A. 40:55D-37 et seq.
(3)
The Official Map pursuant to N.J.S.A. 40:55D-32 et seq.
(4)
This chapter, including conditional uses, pursuant to N.J.S.A. 40:55D-67.
(5)
The capital improvements program pursuant to N.J.S.A. 40:55D-29 et seq.
(6)
Variances and certain building permits in conjunction with subdivision, site plan and conditional use approval pursuant to N.J.S.A. 40:55D-60 et seq.
B.
Other powers. The Planning Board may:
(1)
Participate in the preparation and review of programs or plans required by state or federal law or regulation;
(2)
Assemble data on a continuing basis as part of a continuous planning process; and
(3)
Perform such other advisory duties as are assigned to it by ordinance or resolution of the Borough Council.
C.
Zoning board of adjustment powers. In addition to the powers above, the Planning Board shall exercise to the same extent, and subject to the same restrictions, all powers of a zoning board of adjustment pursuant to N.J.S.A. 40:55D-70 and 40:55D-76 as follows:
(1)
Appeals. 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 officer based on or made in the enforcement of this chapter.
(2)
Interpretations. Hear and decide requests for interpretation of the Zoning Map or this chapter or for decisions upon other special questions upon which such Board is authorized to pass by any zoning or official map ordinance in accordance with N.J.S.A. 40:55D-1 et seq.
(3)
Variances. Where:
(a)
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 zoning regulation pursuant to N.J.S.A. 40:55D-62 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; or
(b)
In an application or appeal relating to a specific piece of property the purposes of zoning set forth in N.J.S.A. 40:55D-2 would be advanced by a deviation from the zoning ordinance requirements and the benefits of the deviation would substantially outweigh any detriment, grant a variance to allow departure from regulations pursuant to N.J.S.A. 40:55D-62 et seq.; provided, however, that no variance from those departures enumerated in Subsection C(4) of this section shall be granted under this subsection.
(4)
Use variances.
(a)
In particular cases and for special reasons, grant a variance to allow departure from regulations pursuant to N.J.S.A. 40:55D-62 et seq. to permit:
[1]
A use or principal structure in a district restricted against such use or principal structure;
[2]
An expansion of a nonconforming use;
[3]
Deviation from a specification or standard pursuant to N.J.S.A. 40:55D-67 pertaining solely to a conditional use;
[4]
An increase in the permitted floor area ratio as defined in N.J.S.A. 40:55D-4;
[5]
An increase in the permitted density as defined in N.J.S.A. 40:55D-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; or
[6]
A height of a principal structure which exceeds by 10 feet or 10% the maximum height permitted in the district for a principal structure.
(b)
A variance under this subsection shall be granted only by affirmative vote of at least five members; however, the Class I and the Class III members shall not participate in the consideration of applications for development which involves relief pursuant to N.J.S.A. 40:55D-70d.
(6)
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 this chapter.
(7)
With respect to any airport safety zones delineated under the Air Safety and Zoning Act of 1983, P.L. 1983, c. 260 (N.J.S.A. 6:1-80 et seq.), no variance or other relief may be granted under the terms of this section permitting the creation or establishment of a use which would be prohibited under the standards promulgated pursuant to that Act except upon issuance of a permit by the Commissioner of Transportation.
(8)
The Planning Board shall have such other powers, including the following:
(a)
To direct issuance of a permit pursuant to N.J.S.A. 40:55D-34 for a building or structure in the bed of a mapped street or public drainageway, flood control basin or public area reserved pursuant to N.J.S.A. 40:55D-32.
(b)
To direct issuance of a permit pursuant to N.J.S.A. 40:55D-36 for a building or structure not related to a street.
(9)
An application under 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.
D.
Referral powers of the Planning Board.
(1)
Prior to the adoption of a development regulation, revision or amendment thereto, the Borough Council shall refer and the Planning Board shall make and transmit to the Borough Council, within 35 days after referral, a report including identification of any provisions in the proposed development regulation, revision or amendment which are inconsistent with the Master Plan and recommendations concerning these inconsistencies and any other matters as the Board deems appropriate. The Borough Council, when considering the adoption of a development regulation, revision or amendment thereto, shall review the report of the Planning Board and may disapprove or change any recommendation by a vote of a majority of its full authorized membership and shall record in its minutes the reasons for not following such recommendation. Failure of the Planning Board to transmit its report within the thirty-five-day period provided herein shall relieve the Borough Council from the requirements of this subsection in regard to the proposed development regulation, revision or amendment referred to the Planning Board. Nothing in this subsection shall be construed as diminishing the application of the provisions of N.J.S.A. 40:55D-32 to any official map or an amendment or revision thereto or of N.J.S.A. 40:55D-62 to any zoning ordinance or any amendment or revision thereto.
(2)
The Borough Council may, by ordinance, provide for the reference of any matter or class of matters to the Planning Board before final action thereon by a Borough body or Borough officer having final authority thereon. Whenever the Planning Board shall have made a recommendation regarding a matter authorized by this subsection to another municipal body, such recommendation may be rejected only by a majority of the full authorized membership of such body.
E.
Citizens Advisory Committee. The Mayor may appoint one or more persons as a Citizens Advisory Committee to assist or collaborate with the Planning Board in its duties. Such person or persons shall serve at the pleasure of the Mayor and shall have no power to vote or take other action required of the Planning Board.
F.
Environmental Commission. In the event an Environmental Commission is created and if the Environmental Commission has prepared and submitted to the Planning Board an index of the natural resources of the Borough, the Board shall transmit an informational copy of every application received to the Environmental Commission. Failure to submit such a copy shall not invalidate any hearing or proceedings by the Board.
G.
Rules and regulations. The Board shall adopt and shall amend reasonable rules and regulations not inconsistent with the law or this chapter for the administration of its functions, powers and duties and shall furnish a copy thereof to any person upon request and may charge a reasonable fee for such a copy. Copies of all such rules and regulations and amendments thereto shall be maintained in the office of the Borough Clerk.
H.
Annual report on variances heard by Planning Board. The Planning Board shall, at least once a year, review its decisions on applications and appeals for variances and prepare and adopt by resolution a report of its findings on provisions of this chapter which were the subject of variance requests and its recommendations for amendment or revision of this chapter, if any. The Planning Board shall send copies of the report and resolution to the governing body.
I.
Appeals and applications to Planning Board.
(1)
Appeals to the Planning Board may be taken by any interested party affected by any decision of an official of Bloomsbury based on or made in the enforcement of this chapter or the Official Map. Such appeal shall be taken within 20 days of the decision by filing a notice of appeal with the official from whom the appeal is taken, with three copies of the notice given to the Secretary of the Board. The notice shall specify the grounds for the appeal. The official 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.[1]
(2)
A developer may file an application for development with the Planning Board for action under any of its powers without prior application to an administrative officer.
(3)
The Board may reverse or affirm, wholly or in part, or may modify the action, order, requirement, decision, interpretation or determination appealed from and to that end have all powers of the municipal official from whom the appeal is taken.
(4)
An appeal to the Planning Board shall stay all proceedings in furtherance of the action in respect to which the decision appealed from was made unless the municipal official from whose action the appeal is taken certifies to the Board, after the notice of appeal shall have been filed with him or her, that, by reason of facts stated in the certificate, a stay would, in his or her opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed other than by an order of the Superior Court of New Jersey upon notice to the municipal official from whom the appeal is taken and on due cause shown.
J.
Time period.
(2)
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.
(3)
Inquiries as to whether a proposed land use is permissible under this chapter or the Zoning Map shall be submitted in writing to the Planning Board, which shall issue a written response within 45 days after the next meeting following receipt of the request or within such additional time as may be consented to by the inquirer.
K.
Meetings.
(1)
Meetings of the Planning Board shall be scheduled no less often than once a month and shall be held as scheduled unless canceled for lack of pending applications.
(2)
Special meetings may be held at the call of the Chairman or at the request of any two Board members. The members of the Board and the public shall be given notice of such meeting in accordance with all applicable legal requirements.
(3)
No action shall be taken at any meeting without a quorum being present, said quorum to be a majority of the full authorized membership of the Board.
(4)
All actions shall be taken by majority vote of the members of the Board present at the meeting except as otherwise required by a provision of N.J.S.A. 40:55D-70. A member of the Board who was absent for one or more of the meetings at which a hearing was held shall be eligible to vote on a matter upon which the hearing was conducted, notwithstanding the absence from one or more of the meetings; provided, however, that a transcript or recording of all of the hearing from which he or she was absent exists, and provided, further, that such Board member certifies in writing to the Board that he or she has read such transcript or listened to such recording.
L.
Minutes.
(1)
Minutes of every regular or special meeting shall be kept and shall include the names of the persons appearing and addressing the Planning Board and of the persons appearing by attorney, the action taken by the Board, the findings, if any, made by it and reasons therefor. The minutes shall thereafter be made available for public inspection during normal business hours at the office of the Planning Board Secretary. Any interested party shall have the right to compel production of the minutes for use or evidence in any legal proceedings concerning the subject matter of such minutes. Such interested party may be charged a reasonable fee for reproduction of the minutes for his or her use.[3]
(2)
At least once a year, the Board shall review the minutes of all closed meetings held in conformance with the Open Public Meetings Act to determine whether the minutes may be made public.
M.
Public hearings.
(1)
The Planning Board shall hold a hearing on each application for development or on the adoption, revision or amendment of the Master Plan. The Board shall make the rules governing such hearings.
(2)
Any maps and documents for which approval is sought at a hearing shall be on file and available for public inspection at least 10 days before the date of the hearing during normal business hours in the office of the Planning Board Secretary. The applicant may produce other documents, records or testimony at the hearing to substantiate, clarify or supplement the previously filed maps and documents.[4]
(4)
The officer presiding at the hearings or such person as he or she may designate shall have power to administer oaths and issue subpoenas to compel the attendance of witnesses and the production of relevant evidence, including witnesses and documents presented by the parties, and the provisions of the County and Municipality Investigations Law, P.L. 1953, c. 38 (N.J.S.A. 2A:67A-1 et seq.), shall apply.
(5)
The testimony of all witnesses relating to an application for development shall be taken under oath or affirmation by the presiding officer or attorney for the Board, and the right of cross-examination shall be permitted to all interested parties through their attorneys, if represented, or directly, if not represented, subject to the discretion of the presiding officer and to reasonable limitations as to time and number of witnesses.
(6)
Technical rules of evidence shall not be applicable to the hearing, but the Board may exclude irrelevant, immaterial, hearsay, or unduly repetitious evidence.
(7)
The Board shall provide for the verbatim recording of the proceedings by either a stenographer or mechanical or electronic means. The Board shall furnish a transcript, or duplicate recording in lieu thereof, on request to any interested party at his or her expense.
(8)
Decisions.
(a)
The Board shall include findings of fact and conclusions based thereon in each decision on any application for development and shall reduce the decision to writing. The Board shall provide the findings and conclusions through a resolution adopted at a meeting held within the time period provided in this section for action by the Planning Board on the application for development or a memorializing resolution adopted at a meeting held not later than 45 days after the date of the meeting at which the Board voted to grant or deny approval. Only the members of the Board who voted for the action taken may vote on the memorializing resolution, and the vote of a majority of such members present at the meeting at which the resolution is presented for adoption shall be sufficient to adopt the resolution; provided, however, that at least two members of the Board are available for said vote. An action pursuant to N.J.S.A. 40:55D-9 resulting from the failure of a motion to approve an application shall be memorialized by resolution as provided above, with those members voting against the motion for approval being the members eligible to vote on the memorializing resolution. The vote on any such resolution shall be deemed to be a memorialization of the action of the Board and not to be an action of the Board; however, the date of the adoption of the resolution shall constitute the date of the decision for purposes of the mailings, filings and publications required by this section. If the Board fails to adopt a resolution or memorializing resolution as hereinabove specified, any interested party may apply to the Superior Court in a summary manner for an order compelling the municipal board to reduce its findings and conclusions to writing within a stated time, and the cost of the application, including attorney fees, shall be assessed against the Borough.
(b)
A copy of the decision shall be mailed by the Board within 10 days of the date of decision to the applicant or if represented then to his or her attorney, without separate charge, and to all who request a copy of the decision for a reasonable fee. A copy of the decision shall also be filed by the Board in the office of the Planning Board Secretary. The Planning Board Secretary shall make a copy of such filed decision available to any interested party for a reasonable fee and available for public inspection at his or her office during reasonable hours.[6]
(c)
A brief notice of the decision shall be published in the official newspaper of the Borough.
N.
Notice of applications.
(1)
Public notice of a hearing shall be given by the applicant for the following applications for development:
(a)
An application for preliminary approval of a major subdivision.
(b)
An application which requires a variance or direction for issuance of a permit or involves a conditional use.
(c)
An application for preliminary approval of a site plan, provided that for a minor site plan, the Planning Board may waive the requirement for public notice to all owners within 200 feet of the property.
(d)
Variances in the floodplain.
(2)
The Secretary of the Planning Board shall notify the applicant at least two weeks prior to the public hearing at which the application will be discussed. Notice of a hearing requiring public notice shall be given by the applicant at least 10 days prior to the date of the hearing in the following manner:[7]
(a)
By publication in the official newspaper of the Borough.
(b)
To all owners of real property, as shown on the current tax duplicate, located in the state and within 200 feet in all directions of the property which is the subject of such hearing, provided that this requirement shall be deemed satisfied by notice to the condominium association, in the case of any unit owner whose unit has a unit above or below it, or to the horizontal property regime, in the case of any co-owner whose apartment has an apartment above or below it. Notice shall be given by serving a copy thereof on the property owner as shown on said current tax duplicate or his or her agent in charge of the property or mailing a copy thereof by certified mail to the property owner at his or her address as shown on said current tax duplicate.
(c)
Notice to a partnership owner may be made by service upon any partner. Notice to a corporate owner may be made by service upon its president, a vice president, secretary or other person authorized by appointment or by law to accept service on behalf of the corporation. Notice to a condominium association, horizontal property regime, community trust or homeowners' association, because of its ownership of common elements or areas located within 200 feet of the property which is the subject of the hearing, may be made in the same manner as to a corporation without further notice to unit owners, co-owners or homeowners on account of such common elements or areas.
(d)
To the clerk of any adjoining municipality or municipalities when the property involved is located within 200 feet of said adjoining municipality or municipalities. Notice shall be given by personal service or certified mail.
(e)
To the Hunterdon County Planning Board when the application for development involves property adjacent to an existing county road or proposed road as shown on the County Official Map or the County Master Plan, adjoining other county land or situated within 200 feet of a Borough boundary. Notice shall be given by personal service or certified mail.
(f)
To the Commissioner of Transportation of the State of New Jersey when the property abuts a state highway. Notice shall be given by personal service or certified mail.
(g)
To the State Planning Commission when the hearing involves an application for the development of property which exceeds 150 acres or 500 dwelling units, in which case the notice shall include a copy of any maps or documents required to be on file with the Secretary. Notice shall be given by personal service or certified mail.
(h)
To a public utility, cable television company or local utility which possesses a right-of-way or easement within the Borough and which has registered with the Borough in accordance with N.J.S.A. 40:55D-12.1 by:
[1]
Serving a copy of the notice on the person whose name appears on the registration form on behalf of the public utility, cable television company or local utility; or
[2]
Mailing a copy thereof by certified mail to the person whose name appears on the registration form at the address shown on that form.
(3)
Upon the written request of an applicant, the Borough Tax Assessor shall, within seven days, make and certify a list from current tax duplicates of names and addresses of owners within the Borough to whom the applicant is required to give notice. Failure to give notice to any lot owner not on the list obtained in such manner shall not invalidate any hearing or proceeding. A sum, not to exceed the maximum set forth in N.J.S.A. 40:55D-12c, shall be charged for such list.
(4)
The applicant shall be responsible for giving proper notice to all property owners.
(5)
The notice shall state the date, time and place of the hearing and the nature of the matters to be discussed, including an identification of the property proposed for development by street address, if any, or by reference to lot and block numbers as shown on the current tax duplicate in the Borough Tax Assessor's office, and the location and times at which any maps or documents for which approval is sought are available for inspection.
O.
Conditional approval.
(1)
In the event that an applicant submits an application proposing a development that is barred or prevented, directly or indirectly, by a legal action instituted by any state agency, political subdivision or other party to protect the public health and welfare or by a directive or order issued by any state agency, political subdivision or court of competent jurisdiction to protect the public health and welfare, the Planning Board shall process such application in accordance with this chapter, and if such application complies with all Borough regulations, the Planning Board shall approve such application conditioned on removal of such legal barrier to development.
(2)
In the event that, during the term of an approval heretofore or hereafter granted to an application, the developer is barred or prevented, directly or indirectly, from proceeding with the development otherwise permitted under such approval by a legal action instituted by any state agency, political subdivision or court of competent jurisdiction to protect the public health or welfare and the developer is otherwise ready, willing and able to proceed with said development, the running of the period of approval under this section shall be suspended for the period of time said legal action is pending or such directive or order is in effect.[8]
(3)
In the event that development proposed by an application requires an approval by a governmental agency other than the Planning Board, the Board shall, in appropriate instances, condition its approval upon the subsequent approval of such governmental agency. The Board shall make a decision on any application within the time period provided in this chapter or within an extension of such period as has been agreed to by the applicant, unless the Board is prevented or relieved from so acting by the operation of law.
(4)
Where appropriate, the Planning Board may conditionally approve an application.
P.
Time extensions. The Board and an applicant may mutually agree to extend the time limit specified for action. Such extension shall be made in writing or verbally at a public meeting of the Board for a specific period of time and indicated in the minutes of the meeting.
Q.
Expiration of variance. Any variance from the terms of this chapter hereafter granted by the Planning Board permitting the erection or alteration of any structure or structures or permitting a specified use of any premises shall expire by limitation unless such construction or alteration shall have been actually commenced on each and every structure permitted by said variance, or unless such permitted use has actually been commenced, within three years from the date of publication of the notice of the judgment or determination of the Board; except, however, that the running of the period of limitation herein provided shall be tolled from the date of filing an appeal from the decision of the Board to the governing body or to a court of competent jurisdiction, until the termination in any manner of such appeal or proceeding.
R.
Appeal or petition in certain cases to the Board of Public Utility Commissioners.
(1)
If a public utility, as defined in N.J.S.A. 48:2-13, is aggrieved by the action of the Board through said agency's exercise of its powers under this section with respect to any action in which the public utility has an interest, an appeal to the Board of Public Utility Commissioners of the State of New Jersey may be taken within 35 days after such action without appeal to the municipal governing body pursuant to § 270-39 (N.J.S.A. 40:55D-17) of this article unless such public utility so chooses. In such case appeal to the Public Utility Commissioners may be taken within 35 days after action by the governing body. A hearing on the appeal of a public utility to the Public Utility Commissioners shall be had on notice to the agency from which the appeal is taken and to all parties primarily concerned, all of whom shall be afforded an opportunity to be heard. If, after such hearing, the Board of Public Utility Commissioners shall find that the present or proposed use by the public utility of the land described in the petition is necessary for the service, convenience or welfare of the public, the public utility may proceed in accordance with such decision of the Board of Public Utility Commissioners, any ordinance or regulation made under the authority of this section notwithstanding.
(2)
This section or any ordinance or regulation made under authority thereof shall not apply to a development proposed by a public utility for installation in more than one municipality for the furnishing of service if, upon a petition of the public utility, the Board of Public Utility Commissioners shall, after hearing, of which any municipalities affected shall have notice, decide that the proposed installation of the development in question is reasonably necessary for the service, convenience or welfare of the public.
(3)
Nothing in this section shall be construed to restrict the right of any interested party to obtain a review of the action of the Planning Board or of the Board of Public Utility Commissioners by any court of competent jurisdiction according to law.
§ 270-39 Appeal to Superior Court.
Any appeal from a final decision of the Planning Board shall be taken directly to the Superior Court.