Bridgeton City Zoning Code
ARTICLE XI
Administration
§ 370-84 Statement of intent.
It is the purpose of this article to describe the entities that manage and regulate the requirements of this chapter.
§ 370-85 Zoning Officer.
A.
The provisions of this chapter shall be enforced by the Zoning Officer who shall be appointed by the Mayor with the advice and consent of City Council.
B.
The duties of the Zoning Officer shall be as follows:
(1)
Review, approve, or deny all applications for all permits required by this chapter.
(2)
Issue approved permits within the provisions of this chapter or conditions specified by approved resolutions of the approving authority. No permit of any kind as provided in this chapter shall be granted by the Zoning Officer for any purpose except in compliance with the provisions of this chapter.
(3)
Record and file all zoning permit applications, together with the plans, documents and other papers accompanying such application.
(4)
Collect all zoning permit fees required by this chapter.
(5)
Inspect nonconforming uses, buildings and signs and keep a current filed record of existing nonconforming uses and buildings as a public record.
(6)
Investigate alleged violations of this chapter immediately upon the receipt of a properly filed written complaint and take the appropriate action based on the investigation which may include a notice of violation.
(7)
Prepare and issue monthly reports listing all zoning permits applied for and the associated fees paid and notices of violations. A copy of the report shall be filed with City Council and the City Tax Assessor.
C.
Any appeal from a decision or action of the Zoning Officer shall be made to the approving authority.
§ 370-86 Zoning, sign and temporary use permits.
C.
Temporary use permit. The Zoning Officer shall issue permits for temporary uses as specified by § 370-59.
D.
Schedule of fees.
[Amended 9-17-2013 by Ord. No. 13-06]
§ 370-87 Notification of violation and penalties.
A.
When the Zoning Officer finds a violation of any provision of this chapter, he shall issue a notice of violation to the person responsible indicating the nature of the violation and the action necessary to correct it.
B.
Any person who observes a potential violation may file a written complaint to the Zoning Officer stating the basis of the complaint.
C.
Upon receipt of a written complaint, the Zoning Officer shall investigate the complaint and take appropriate action.
D.
Penalties.
(1)
Any person who receives a notice of violation of this chapter or an order from an approving authority shall abate the violation within five business days of receipt of certified mail, regular mail and/or personal service of notice of the violation.
(3)
Each and every day that such violation continues shall be considered a separate violation of this chapter.
§ 370-88 Amendments and biennial review.
A.
The requirements of this chapter may be amended or repealed by ordinance as provided by the provisions of the MLUL, N.J.S.A. 40:55D-1 et seq.
B.
The City Solicitor shall be responsible for a biennial review of the MLUL to ensure the Municipal Code currently meets the legal requirements of the MLUL for sections that have been added, revised or repealed.
§ 370-89 Zoning Board of Adjustment.
A.
Establishment of the Zoning Board of Adjustment. A Zoning Board of Adjustment is hereby created and shall have all the powers and authority of Article 9 of N.J.S.A. 40:55D.
B.
Membership of the Board.
(1)
The Board shall consist of seven members who meet the eligibility requirements and terms as specified in the MLUL pursuant to N.J.S.A. 40:55D-69 et seq.
(2)
There shall be two alternate members appointed by the Mayor with the consent of the governing body as per the MLUL pursuant to N.J.S.A. 40:55D-69 et seq.
(3)
Vacancies shall be filled by appointment by the Mayor with the consent of the governing body for the unexpired term only.
C.
Organization of the Board.
(1)
The Board shall elect a Chairman and Vice Chairman from its regular members and select a Secretary who may or may not be a member of the Board of Adjustment or a City employee.
(2)
The Zoning Board of Adjustment shall adopt such rules and regulations as it may deem necessary to govern its procedure and consistent with the MLUL and local ordinances.
(3)
Meetings of the Board shall be held at the call of the Chairman and at such other times as the Board may determine and shall be open to the public.
(4)
The Board shall keep minutes of its proceedings showing the vote of each member upon each question or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions.
(5)
Each decision of the Board shall be recorded by resolution adopted by the Board and shall fully set forth the circumstances of the case and the findings on which the decision is based.
(6)
All records and minutes shall be immediately filed in the office of the Board by case number together with all documents pertaining thereto and shall be a public record.
D.
Powers of the Zoning Board of Adjustment shall be in accordance with N.J.S.A. 40:55D-70 et seq. Typically these powers include but may not be limited to hearing and deciding:
E.
Reports, expenses, appeals, continuation, time for decision, modifications on appeal, stay of proceedings, and other powers. These processes shall be as specified in N.J.S.A. 40:55D, Articles 9 and 10.
§ 370-90 Public hearings: Planning and Zoning Board of Adjustment.
Each Board shall hold public hearings with public notice, conduct, testimony, and decisions in accordance with the MLUL, N.J.S.A. 40:55D et seq.
§ 370-91 Planning Board.
A.
Establishment of the Planning Board. A Planning Board is hereby created and shall have all the powers and authority of Article 2 of N.J.S.A. 40:55D.
B.
Membership of the Board.
(1)
The Board shall consist of nine members who meet the eligibility requirements and terms as specified in the MLUL pursuant to N.J.S.A. 40:55D-23 et seq.
(2)
There shall be two alternate members appointed by the Mayor with the consent of the governing body as per the MLUL pursuant to N.J.S.A. 40:55D-23 et seq.
(3)
Vacancies shall be filled by appointment by the Mayor with the consent of the governing body for the unexpired term only.
C.
Organization of the Board.
(1)
The Board of Adjustment shall elect a Chairman and Vice Chairman from its regular members and select a Secretary who may or may not be a member of the Planning Board or a City employee.
(2)
The Board shall adopt such rules and regulations as it may deem necessary to govern its procedure and consistent with the Revised Statutes of New Jersey and local ordinances.
(3)
Meetings of the Board shall be held at the call of the Chairman and at such other times as the Board may determine and shall be open to the public.
(4)
The Board shall keep minutes of its proceedings showing the vote of each member upon each question or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions.
(5)
Each decision of the Board shall be recorded in accordance with standard forms adopted by the Board and shall fully set forth the circumstances of the case and the findings on which the decision is based.
(6)
All records and minutes shall be immediately filed in the office of the Board by case number together with all documents pertaining thereto and shall be a public record.
D.
Powers of the Planning Board shall be in accordance with N.J.S.A. 40:55D-25 et seq. Typically these powers may include but are not limited to its power in regard to:
(1)
The Master Plan preparation and maintenance.
(2)
Major and minor subdivision and site plan review.
(3)
The Official Map.
(4)
The Zoning Ordinance, including conditional uses.
(5)
The capital improvement program.
(6)
Variances and certain building permits in conjunction with subdivision, site plan and conditional use approval.
§ 370-91.1 Application procedures and time constraints.
A.
Submission. An applicant shall file with the Board Secretary at least 21 days prior to the meeting of the approving authority a completed application form and 16 copies of all drawings and supporting documents. The Board Secretary shall distribute one copy of the documents to the Board Engineer, the Board Planner, and the Construction Official.
C.
D.
Environmental Commission. An Environmental Commission may be established pursuant to N.J.S.A. 40:56A-1.
E.
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 chapter. In the issuance of subpoenas, administration of oaths and taking of testimony, the provisions of the County and Municipal Investigations Law (N.J.S.A. 2A:67A-1 et seq.) shall apply.
§ 370-92 Provisions applicable to both Planning Board and Board of Adjustment.
A.
A resolution of each decision on any application shall be memorialized in accordance with MLUL, N.J.S.A. 40:55D-10.
(1)
Whenever a resolution is adopted, the date of such adoption shall constitute the date of the decision for purposes of the mailings, filings and publication.
(2)
A brief notice of every final decision shall be published in the official newspaper of the municipality. At a minimum, the notice shall clearly identify the nature of the board action requested; the public meeting or meetings at which the matter was heard and decided; and whether or not the application was granted. Such publication shall be arranged by the secretary of the approving authority. Said notice shall be sent to the official newspaper for publication to meet the requirements specified by MLUL, N.J.S.A. 40:55D-10i.
(3)
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 attorney, without separate charge pursuant to MLUL, N.J.S.A. 40:55D-10h.
(a)
A copy of the decision shall also be mailed to all persons who have requested it and who have paid the fee prescribed by the board for such service.
(b)
A copy of the decision shall be filed in the office of the Municipal Clerk, who shall make a copy of such filed decision available to any interested party upon payment of a fee calculated in the same manner as those established for copies of other public documents in the municipality.
B.
Payment of taxes. Every application for development submitted to the approving authority shall include proof that no taxes or assessments for local improvements are due or delinquent on said property.
C.
Absent members. A member of an approving authority who was absent for one or more of the meetings at which a hearing was held shall be eligible to vote on any matter provided 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.
Experts and staff. When necessary, the board shall provide recommendations to the City Council and Business Administrator for any professional, expert, and staff services it deems necessary to perform its duties pursuant to the MLUL.
E.
Expenses and costs. City Council shall ensure the municipal budget provides funding for the necessary expenses of the board.
F.
Performance. Annually, the board shall provide an evaluation report to the City Council and Business Administrator regarding the performance of its professionals, experts, and staff services.
G.
Attendance. Board members shall be deemed to have vacated their appointment when they fail to attend and participate at meetings pursuant to N.J.S.A. 40A:9-12.1 based on six consecutive weeks or for three consecutive regular meetings without being excused.