Chesterfield Township
City Zoning Code
City Zoning Code
ARTICLE XIII
Approving Authority
§ 130-89 Generally.
There shall be established pursuant to the Municipal Land Use Law (N.J.S.A. 40:55D-1) the Boards hereinafter provided. Nothing hereinafter exercised to establish additional boards or agencies pursuant to other statutes or in the general powers of the Township which may have duties in connection with land development applications. This section is limited to the establishment of Boards whose authority stems from the Municipal Land Use Law. Collectively they shall be called the "Approving Authority."
§ 130-90 Planning Board.
A.
Organization.
(1)
Creation. Pursuant to the provisions of N.J.S.A. 40:55D-1 et seq., entitled the "Municipal Land Use Law" (P.L. 1975, c. 291), and specifically N.J.S.A. 40:55D-23 et seq., a Township Planning Board to consist of nine members is hereby created.
(2)
Membership. Members consisting of said Planning Board shall consist of and be divided into, for convenience in designating the manner of appointment, the following four classes:
(a)
Class I: Mayor.
(b)
Class II: One of the officials of the municipality other than a member of the Township Committee to be appointed by the Mayor, provided that if there is an Environmental Commission, the Environmental Commission member who is also a member of the Planning Board, if there is both a member of the Zoning Board of Adjustment and a member of the Board of Education among the Class IV members.
(c)
Class III: A member of the Township Committee to be appointed by it.
(d)
Class IV: Six other citizens of the municipality to be appointed by the Mayor. The members of Class IV 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. 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 a Class IV member of the Planning Board unless there is 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 the Class II member of the Planning Board.
(3)
Compensation. All members of the Board shall serve as such without compensation.
(4)
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 the Environmental Commission. The term of the 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 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 the Class IV term, whichever occurs first. 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 evenly distributed over the first four years after their appointment as determined by resolution of the Township Committee; provided, however, that the term of any member shall not exceed four years, and further provided that nothing herein shall effect the term of any present member of the Planning Board and leave an unexpired term, appointment shall be made to fill the unexpired term only. Thereafter all Class IV members shall be appointed for terms of four years except as otherwise herein provided. All terms shall run from January 1 of the year in which the appointment is made.
(5)
Alternate members. There shall be appointed by the Mayor four alternate members. Alternate members shall meet the qualifications of and be subject to the restrictions placed upon Class IV members set forth in Subsection A(2)(d) and (4)(b) above, as well as N.J.S.A. 40:55D-23.
[Amended 1-22-2009 by Ord. No. 2009-1]
(a)
Alternate members shall be designated at the time of appointment by the Mayor as "Alternate No. 1," "Alternate No. 2," "Alternate No. 3" and "Alternate No. 4."
(b)
Alternate members shall serve two-year terms. The terms of not more than two alternate members shall expire in any one year; and in no instance shall the terms of the alternate members first appointed exceed two years.
(c)
No alternate member shall be permitted to act on any matter in which he or she has either directly or indirectly any personal or financial interest. An alternate member may, after public hearing if he or she requests one, be removed by the governing body for cause.
(d)
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. Participation of alternate members shall not be deemed to increase the size of the Planning Board. 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 Alternate No. 1 is not available, Alternate No. 2 shall vote; and so on down the line.
(6)
Vacancy. If a vacancy of any class or alternate shall occur, otherwise than by expiration of the term, it shall be filled by appointment as above providing for the unexpired term.
(7)
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, but such person or persons shall have no power to vote or take other action required by the Board. Such person or persons shall serve at the pleasure of the Mayor. In the absence of an Architectural Advisory Committee, the Board shall perform this function.
B.
Rules and regulations.
(1)
In general. The Board shall adopt written rules and regulations as they deem necessary to carry into effect the provisions and purposes of this chapter. Such rules and regulations and amendments thereto shall be maintained in the office of the Administrative Officer and shall be available for public inspection pursuant to the provisions of N.J.S.A. 40:55D-8, Subdivision a. 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.
(2)
Organization of the Board. The Planning Board shall elect a Chairman and Vice Chairman from the members of Class IV and shall select a secretary who may be either a member of the Planning Board or a municipal employee designated by it.
C.
Powers and duties generally. The Planning Board is authorized to adopt rules and regulations governing its procedural question. It shall also have the following powers and duties.
(1)
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 planning the Township, in accordance with the provisions of N.J.S.A. 40:55D-13.
(2)
To administer the provisions of the land subdivision ordinance and site plan review ordinance of the Township in accordance with the provisions of said ordinance and the Municipal Land Use Law of 1975, N.J.S.A. 40:55D-1 et seq.
(3)
To participate in the preparation and review of programs or plans required by state or federal law or regulations.
(4)
To assemble data on a continuing basis as part of a continuous planning process.
(5)
To review the Official Map, pursuant to N.J.S.A. 40:55D-32 et seq.
(6)
To annually prepare a program of municipal capital improvement projects projected over a term of six years and amendments thereto and to recommend the same to the governing body.
(7)
To consider and make report to the governing body 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, Subdivision a, and also pass upon other matters specifically referred to the Planning Board by the Township Committee, pursuant to the provision of N.J.S.A. 40:55D-26, Subdivision b.
(8)
To grant approval for a conditional use pursuant to N.J.S.A. 40:55D-67.
(9)
Variances.
(a)
To grant to the same extent and subject to the same restrictions as would be the Zoning Board of Adjustment:
[2]
Variances pursuant to § 57(d) of the Municipal Land Use Law.[2] A variance under this subsection shall be granted only by the affirmative vote of at least five members which shall not include Class I or Class III members or their alternates.
[Amended 9-9-2009 by Ord. No. 2009-21]
[2]
Editor's Note: See N.J.S.A. 40:55D-70, Subdivision d.
(b)
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.
(10)
To hear and decide an appeal from any interested party affected by any decision of an administrative officer of the Township based on or made in the enforcement of the Zoning Ordinance or official map pursuant to N.J.S.A. 40:55D-72 or as to the existence of a nonconforming structure or use pursuant to N.J.S.A. 40:55D-68.
(11)
To grant at the request of a developer pursuant to N.J.S.A. 40:55D-10.1 an informal review of a concept plan for development. Fees for an informal review shall be a credit toward fees for review of the application for development.
(12)
To provide for historic preservation in accordance with N.J.S.A. 40:55D-109 et seq. and Chapter 16.20.
(13)
To hear and decide requests for interpretation of the Zoning Map or Ordinance or for decisions upon other special questions upon which it is authorized to pass by any zoning or official map ordinance, in accordance with the Municipal Land Use Law.
(14)
To annually review its decisions on applications and appeals for variances and prepare and adopt by resolution a report of its findings on Zoning Ordinance provisions which were the subject of variance requests and its recommendations for Zoning Ordinance amendments or revisions, if any. The report and resolution shall be filed with the Municipal Clerk no later than February 28.
(15)
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.
D.
Personnel, experts and staff. The Planning Board may employ or contract for the services of experts and other staff and services as it may deem necessary, provided that the position is set forth within this chapter and further provided that adequate appropriations are made available for utilization by the Board in funding the position. The Board shall not exceed, exclusive of gifts or grants, the amount appropriated by the governing body for its use. The positions established pursuant to the provisions of this chapter are as follows:
E.
Board Attorney.
(1)
Generally. In accordance with the requirements of law, the Planning Board shall have the power, right and responsibility to employ an attorney to advise the Board as to its legal rights. Said appointee shall be answerable and responsible to the Board which appoints him. Said attorney shall take action independent of any action taken by the Township Solicitor in accordance with the principles of law.
(2)
Term. The Board Attorney shall be appointed for a term of one year, commending on January 1 of the year of appointment.
(3)
Qualifications. The person appointed Board Attorney shall be a licensed attorney within the State of New Jersey and possess such other qualifications or ability and experience which the Board shall deem necessary to perform the duties of his or her office.
(4)
Compensation. The Board Attorney shall receive reasonable fees and charges for the legal services as are provided for the Board.
(5)
Duties. The Board Attorney shall be legal advisor to the Planning Board. He shall prosecute and defend actions by and against the Board. In furtherance of these powers and without limitation thereto, he shall:
(a)
Advise the Board as to the form and sufficiency of all actions prior to their effectiveness.
(b)
Review and approve all contracts, documents and instruments prior to the execution thereof by or on behalf of the Board.
(c)
Conduct appeals from orders, decisions or judgments affecting any interest of the Board as he or she may, in his or her discretion, determine to be necessary or desirable or as directed by the Board.
(d)
Subject to the approval of the Board, have power to enter into any agreement, compromise or settlement of any litigation in which the Board is involved.
(e)
Maintain a record of all actions, suits, proceedings and matters which relate to the Board's interest and report thereon from time to time as the Board may require.
(f)
Have such other different functions, powers and duties as may be provided by the Board, state law or Administrative directive.
F.
Board Engineer.
(1)
Generally. In accordance with the requirements of law, the Planning Board shall have the power, right and responsibility to employ a licensed professional engineer to advise the Board as to engineering matters. Said appointee shall be answerable and responsible to the Board which appoints him. Said engineer shall take action independent of any action taken by the Township Engineer in accordance with the prevailing principles of law.
(2)
Term. The Board Engineer shall be appointed for a term of one year commencing on January 1 of the year of appointment and terminating on December 31 of the year of appointment.
(3)
Qualifications. The person appointed Board Engineer shall be a licensed professional engineer within the State of New Jersey and possess such other qualifications, ability and experience which the Board shall deem necessary to perform the duties of his office.
(4)
Compensation. The Board Engineer shall receive reasonable fees and charges for engineering services as are provided for by the Board.
(5)
Duties. The Board Engineer shall be the advisor on engineering matters to the Planning Board. In this connection he shall review all plans and documents received by the Planning Board for its action and make specific recommendations concerning said matters. In furtherance of these powers and without limitation thereof, he shall advise the Board as to the form and sufficiency of all plans, plats and details submitted to the Planning Board for its review and approval prior to their approval.
(a)
Review and approve all construction made pursuant to any plats or plans previously approved by the Planning Board to the extent that said action is not inconsistent with the responsibility of the Township Engineer.
(b)
Recommended to the Planning Board practices, procedures, rules and regulations which the Board Engineer deems advisable to enact to ensure that proper engineering standards are followed in all matters to which the Board is asked to give its approval.
(c)
Study, recommend and devise plans and materials which the Board desires to further aid the Board in making specific recommendations to the Mayor and Committee for changes in ordinances and Master Plan in existence within the Township.
(d)
Make recommendations, reports and suggestions with regard to engineering matters relating to the Master Plan, Zoning Ordinance, Site Plan Review Ordinance and any other ordinance within the Board's jurisdiction which the engineer pursuant to a request deems advisable.
(e)
In the absence of another appointee, act as the Township Consultant Architect.
(f)
Perform such other duties as the Planning Board shall by motion or resolution require.
(6)
Termination or expiration of term. Upon the termination of the services of the Board Engineer or upon expiration of his term, the Board Engineer shall be deemed relieved of all obligation preciously given to the Board Engineer by the Planning Board and no further compensation shall be paid for any of the anticipated earnings except that the Board Engineer is entitled to receive his reasonable fees for services previously rendered to the extent that said services are performed.
G.
Township Planner.
(1)
Generally. In accordance with the requirements of law, the Planning Board shall have the power, right and responsibility to employ a licensed professional planner to advise the Board as to engineering matters. Said appointee shall be answerable and responsible to the Board which appoints him. Said planner shall take action independent of any action taken by the Township Planner in accordance with the prevailing principles of law.
(2)
Term. The Board Planner shall be appointed for a term of one year commencing on January 1 of the year of appointment and terminating on December 31 of the year of appointment.
(3)
Qualifications. The person appointed Board Planner shall be a licensed professional planner within the State of New Jersey and possess such other qualifications, ability and experience which the Board shall deem necessary to perform the duties of his office.
(4)
Compensation. The Board Planner shall receive reasonable fees and charges for engineering services as are provided for by the Board.
(5)
Duties. The Board Planner shall be the advisor on planning matters to the Planning Board. In this connection he shall review all plans and documents received by the Planning Board for its action and make specific recommendations concerning said matters. In furtherance of these powers and without limitation thereof, he shall advise the Board as to the form and sufficiency of all plans, plats and details submitted to the Planning Board for its review and approval prior to their approval.
(a)
Review and approve all construction made pursuant to any plats or plans previously approved by the Planning Board to the extent that said action is not inconsistent with the responsibility of the Township Planner.
(b)
Recommended to the Planning Board practices, procedures, rules and regulations which the Board Planner deems advisable to enact to ensure that proper planning standards are followed in all matters to which the Board is asked to give its approval.
(c)
Study, recommend and devise plans and materials which the Board desires to further aid the Board in making specific recommendations to the Mayor and Committee for changes in ordinances and Master Plan in existence within the Township.
(d)
Make recommendations, reports and suggestions with regard to engineering matters relating to the Master Plan, Zoning Ordinance, Site Plan Review Ordinance and any other ordinance within the Board's jurisdiction which the Planner pursuant to a request deems advisable.
(e)
Perform such other duties as the Planning Board shall by motion or resolution require.
(6)
Termination or expiration of term. Upon the termination of the services of the Board Planner or upon expiration of his term, the Board Planner shall be deemed relieved of all obligation previously given to the Board Planner by the Planning Board and no further compensation shall be paid for any of the anticipated earnings except that the Board Planner is entitled to receive his reasonable fees for services previously rendered to the extent that said services are performed.
H.
Township Consultant Architect. (Reserved)
I.
Administrative officer. The Township Clerk shall be the Administrative Officer of all applications. The Planning Board Secretary of the Township of Chesterfield shall be deemed the Administrative Officer to perform the administrative and procedural requirements once an applicant is before the Planning Board . This person shall be appointed in conformity with the provisions of law.
J.
Other. To the extent of available appropriations, the Planning Board shall have the power to engage or employ the services of such other consultant or employee as deemed necessary to carry out its duties.
§ 130-91 Technical Review Committee.
[Amended 3-25-2013 by Ord. No. 2013-4]
A.
There is hereby established an ad hoc committee known as the “Technical Review Committee.”
B.
Members. The Technical Review Committee shall consist of the Administrative Officer for the Planning Board, the Attorney and Planner for the Planning Board, the Chairman of the Planning Board, and such other members, no more than three, of the Planning Board to be appointed by the Chairman to serve on this Committee. In addition, to the extent that the Planning Board Chairman determines same to be necessary, the Township’s Zoning Officer, Construction Official, and/or Township Engineer may also be considered as part of the Technical Review Committee, where appropriate.
C.
Meetings. The Committee shall meet on the call of the Administrative Officer, who shall preside at such meetings.
D.
Duties. It shall be the responsibility of the Technical Review Committee to review, informally, all applications for development pending in Chesterfield Township submitted to it by the Administrative Officer and to offer its advice and opinions concerning the procedural and substantive merits of the proposal. The Technical Review Committee shall also review schematic architectural plans and elevations in accordance with the provisions of § 130-83A.
E.
Payment of fees. The professional members of the Committee shall be paid all reasonable fees incurred as a result of their activities as approved by the Board appointing them, and said fees shall be charged against escrow accounts maintained pursuant to Article XV of this chapter where appropriate.