Chester City Zoning Code
ARTICLE III
Planning Board
§ 163-7 Planning Board continued.
A.
The Planning Board as heretofore established pursuant to N.J.S.A. 40:5D-23, is hereby continued. The Planning Board shall have nine members consisting of the following four classes:
[Amended 6-19-2007 by Ord. No. 2007-12]
(1)
CLASS I. The Mayor.
(2)
CLASS II. One of the officials of the municipality other than a member of the Borough Council to be appointed by the Mayor.
(3)
CLASS III. A member of the Borough Council to be appointed by it.
(4)
CLASS IV. Six other citizens of the municipality to be appointed by the Mayor.
B.
The members of Class IV shall hold no other municipal office. 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.
C.
Alternate members.
[Added 6-19-2007 by Ord. No. 2007-12]
(1)
There shall be two alternate members of the Planning Board appointed by the Mayor and meeting qualifications of Class IV members of the Planning Board. Alternate members shall be designated at the time of the appointment by the Mayor as Alternate No. 1 and Alternate No. 2. The initial terms of the alternate members of Class IV shall be one and two years respectively. Thereafter the term of each alternate shall be two years. A vacancy occurring otherwise than by expiration of term shall be filled for the unexpired term only.
(2)
Alternate members may participate in discussion of Planning Board 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.
(3)
An alternate member may, after a public hearing if so requested, be removed by the governing body for cause.
§ 163-8 Terms.
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 year or terminate at the completion of their respective terms of office, whichever occurs first. The term of the Class IV member, who may be a member of the Zoning Board of Adjustment[1] or Historic Preservation Commission, shall be for three years or terminate at the completion of his term of office as a member of the Environmental Commission, whichever occurs first.
[1]
Editor’s Note: Ordinance No. 2015-6, adopted 5-19-2015, provided that, “Any and all references within this chapter to the Zoning Board of Adjustment shall be constructed to apply to Planning Board.”
B.
The terms of all Class IV members first appointed pursuant to this chapter shall be so determined that to the greatest practicable extent the expiration of such term shall be distributed evenly over the first four years after their appointment as determined by resolution of the governing body; provided, however, that no term of any member shall exceed four years and further provided that nothing 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 years except as otherwise herein above provided. All terms shall run from January 1 of the year in which the appointment is made.
§ 163-9 Vacancies and removals.
If a vacancy in any class shall occur otherwise than by expiration of term, it shall be filled by appointment as above provided for the unexpired term. Any member other than a Class I member, after a public hearing if he requests one, may be removed by the Borough Council for cause.
§ 163-10 Organization of Board.
The Planning Board shall elect a Chairman and Vice Chairman from the members of Class IV and select a secretary who may be either a member of the Planning Board or a municipal employee designated by it.
§ 163-11 Planning Board Attorney.
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.
§ 163-12 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 Borough Council for its use.
§ 163-13 Powers and duties generally.
The Planning Board shall adopt bylaws 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 Borough, including any areas outside its boundaries, which in the Board's judgment bear essential relation to the planning of the Borough, in accordance with the provisions of N.J.S.A. 40:55D-28.
B.
To administer the provisions of the land subdivision section and site plan review sections of this chapter in accordance with the provisions of said ordinances and the Municipal Land Use Law of 1975, N.J.S.A. 40:55D-1 et seq.
C.
To participate in the preparation and review of programs or plans required of the Planning Board by state or federal law or regulations.
D.
To assemble data on a continuing basis as part of a continuous planning process.
E.
Upon request to assist the Borough Council in preparation of a program of municipal capital improvement projects and amendments thereto.
F.
To consider and make report to the Borough Council within 35 days after referral as to any proposed development regulation submitted to it pursuant to the provisions of N.J.S.A. 40:55D-26(a), and also pass upon other matters specifically referred to the Planning Board by the Mayor and Borough Council, pursuant to the provisions of N.J.S.A. 40:55D-26(b).
G.
To review applications for conditional use approval.
H.
To perform such other advisory duties as are assigned to it by ordinance or resolution of the Borough Council for the aid and assistance of the Borough Council or other agencies or officers.
I.
To possess all such powers and perform duties granted to a Board of Adjustment under the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., including but not limited to the power to:
[Added 5-19-2015 by Ord. No. 2015-6]
(1)
Hear and decide appeals where it is alleged by the appellant that there is error in any order, requirement, decision or refusal made by an administrative officer based on or made in the enforcement of Article IX (Zoning).
(2)
Hear and decide requests for interpretation of the Zoning Map or Article IX (Zoning), or for decisions upon other special questions upon which such Board is authorized to pass by any Zoning or Official Map Ordinance.
(3)
Variances.
(a)
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 in Article IX (Zoning), 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.
(b)
Where, in an application or appeal relating to a specific piece of property, the purposes of this act would be advanced by a deviation from requirements of Article IX (Zoning), and the benefits of the deviation would substantially outweigh any detriment, grant a variance to allow departure from said regulations; provided, however, that the fact that a proposed use is an inherently beneficial use shall not be dispositive of a decision on a variance under this subsection and provided that no variance from those departures enumerated in Subsection I(4) of this section shall be granted under this subsection.
(4)
In particular cases for special reasons, grant a variance to allow departure from regulations pursuant to Article IX (Zoning), 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 pertaining solely to a conditional use; an increase in the permitted floor area ratio, if regulated by Article IX (Zoning); an increase in the permitted density 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 a height of a principal structure which exceeds by 10 feet or 10% the maximum height permitted in the district for a principal structure. A variance under this subsection shall be granted only by affirmative vote of at least five members, but the Class I and the Class III members of the Planning Board shall not participate in applications for development which involve this type of relief.
(6)
No variance or other relief may be granted, including a variance or other relief involving an inherently beneficial use, without a showing that such variance or other relief can be granted without substantial detriment to the public good and will not substantially impair the intent and the purpose of the zone plan and Article IX (Zoning).
§ 163-14 Ancillary powers.
A.
When reviewing application for approval of subdivision plats, site plans or conditional uses grant to the same extent and subject to the same restrictions as the Zoning Board of Adjustment:[1]
(1)
Variances pursuant to N.J.S.A. 40:55D-70(c) from lot area, lot dimensional, setback and yard requirements; provided that such relief from lot area requirements shall be granted for more than one lot.
(2)
Direction pursuant to N.J.S.A. 40:55D-34 for issuance of permit for building or structure in the bed of a mapped street or public drainageway, flood control basin or public area reserved pursuant to N.J.S.A. 40:55D-32.
(3)
Direction pursuant to N.J.S.A. 40:55D-36 for issuance of a permit for a building or structure not related to a street.
[1]
Editor’s Note: Ordinance No. 2015-6, adopted 5-19-2015, provided that, "Any and all references within this chapter to the Zoning Board of Adjustment shall be constructed to apply to Planning Board."
B.
Whenever relief is requested pursuant to this section, 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.