Collingswood City Zoning Code
ARTICLE III
Administration and Enforcement
§ 141-5 Interpretation of provisions; provisions to be minimum standards.
These rules, regulations and standards shall be considered the minimum requirements for the protection of the public health, safety and welfare of the citizens of the Borough. Any action taken under the terms of this chapter shall give primary consideration to the welfare of the entire community.
§ 141-6 Planning Board.
A.
Establishment. A Planning Board is hereby established pursuant to the provisions of the New Jersey Municipal Land Use Law, N.J.S.A. 40:55D-23 et seq.
B.
Membership. The Planning Board shall consist of nine regular members, plus two alternate members. All members, except the Class II member, shall be residents of the Borough. The two alternate members must meet the qualifications of Class IV members. The members of the Board shall be appointed by the Mayor, except that the Class III member shall be appointed by the Board of Commissioners. The classes are defined as:
(1)
Class I. The Mayor or the Mayor's designee in the absence of the Mayor.
(2)
Class II. One of the officials of the municipality other than a member of the Board of Commissioners or a member of the Environmental Commission in the event that among the Class IV members there is both a member of the Planning Board or Historic Preservation Commission and the Board of Education.[1]
[Amended 11-2-2020 by Ord. No. 1692]
[1]
Editor's Note: In accordance with N.J.S.A. 40:55D-23 and 40:56A-1.
(3)
Class III. A member of the Board of Commissioners.
(4)
Class IV. Other citizens of the Borough who hold no other municipal office, except one member may be a member of the Planning Board or Historic Preservation Commission. Also, one member may be a member of the Board of Education.
[Amended 11-2-2020 by Ord. No. 1692]
C.
Terms of office.
(1)
The terms of the regular members of the Planning Board shall be as follows:
(a)
Class I. The term for this member shall correspond to the Mayor's official tenure.
(b)
Class II. One year or upon completion of their respective terms of office, whichever occurs first, except the member who is also a member of the Environmental Commission, which shall be three years or upon completion of the term of office as a member of the Environmental Commission.
(c)
Class III. One year or upon completion of their respective terms of office, whichever occurs first.
(d)
Class IV. Four years, except that upon the adoption of this chapter, the present members of the Planning Board now holding office shall continue therein until present terms expire. For members who are also a member of the Board of Education, their term shall end when either the membership on the other Board expires or their Planing Board term ends, whichever is first.
[Amended 11-2-2020 by Ord. No. 1692]
(2)
Any regular Planning Board member, except a Class I member, may be removed by the Board of Commissioners, after a public hearing at his/her request, for just cause.
(3)
Vacancies of Planning Board members shall be filled as provided for above for the unexpired term.
D.
Alternate members. Alternate members shall be designated as "Alternate No.1" and "Alternate No. 2" at the time of appointment. A vacancy occurring otherwise than by term of office, shall be filled for the unexpired term only. Alternate members may participate in discussions or proceedings but may only vote 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 should be made as to which alternate member shall vote, Alternate No. 1 shall vote.
E.
Zoning Board of Adjustment as temporary members. If the Planning Board lacks a quorum because any of its regular or alternate members are prohibited by § 141-8A of this chapter from acting on a matter due to personal or financial interest therein, regular members of the Zoning Board of Adjustment shall be called to serve, for that matter only, as temporary members of the Planning Board, in order of seniority of continuous service to the Board of Adjustment, until there are a minimum number of members necessary to constitute a quorum. If a choice has to be made between regular members of equal seniority, the Chairman of the Board of Adjustment shall make the decision.
F.
Rules and organization.
(1)
The Planning Board shall elect a Chairman and Vice Chairman from the Class IV members.
(2)
A Secretary and an Assistant Secretary, who may or may not be a member or alternate member of the Planning Board or a Borough employee, shall be selected.
(3)
The Planning Board may employ or contract for and fix the compensation of or agree upon the rate of compensation for a Planning Board Attorney, who shall be an attorney other than the Municipal Attorney, a civil engineer, a planning consultant and any other staff, services and experts it may deem necessary, not exceeding, exclusive of gifts or grants, the amount appropriated by the Board of Commissioners for such purpose.
G.
Powers and duties. The Planning Board shall adopt such rules and regulations as are necessary to carry out its duties as well as the provision and purposes of this chapter. The Board shall also have the following powers and duties:
(1)
To make, adopt, and amend a Master Plan for the physical development of the Borough in accordance with provisions of N.J.S.A. 40:55D-28.
(2)
To administer the provisions of this chapter.
(3)
To review conditional use applications in accordance with the provisions of this chapter pursuant to N.J.S.A. 40:55D-67.
(4)
To participate in the preparation and review of programs and plans required by state or federal law and regulation.
(5)
To assemble data on a continuing basis as part of a continuing planning process.
(6)
To annually prepare a program of municipal capital improvement projects, projected over a term of six years, and amendments thereto, and recommend the same to the Board of Commissioners.
(7)
To consider and make a report to the Board of Commissioners within 35 days after referral as to any proposed development regulations submitted to it pursuant to the provisions of N.J.S.A. 40:55D-26a and also pass upon other matters specifically referred to the Planning Board by the Board of Commissioners pursuant to the provisions of N.J.S.A. 40:55D-26b
(8)
When reviewing applications for approval of subdivision plats, site plans, or conditional uses, to grant to the same extent and subject to the same restrictions as the Planning Board:
[Amended 11-2-2020 by Ord. No. 1692]
(a)
Variances pursuant to N.J.S.A. 40:55D-70c.
(b)
Direction pursuant to N.J.S.A. 40:55D-34 for issuance of a permit for a building or structure in the bed of a mapped street or public drainageway, flood control basin, or public area preserved pursuant to N.J.S.A. 40:55D-32
(c)
Direction pursuant to N.J.S.A. 40:55D-36 for the issuance of a permit for a building or structure not related to a street.
(9)
Whenever relief is requested pursuant to this subsection, to include on the notice for a hearing on the application for development a reference to the request for a variance or direction for issuance of a permit.
(10)
To perform such other advisory duties as are assigned to it by ordinance or resolution of the Board of Commissioners for aid and assistance of the Board of Commissioners or other agencies or officers.
H.
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, but such person(s) shall not have the power to vote or take other action required of the Board.
I.
Environmental Commission. Whenever the Environmental Commission has prepared and submitted to the Planning Board an index of the natural resources of the Borough, 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 an informational copy available to the Environmental Commission shall not invalidate any hearing or proceeding.
§ 141-7 Planning Board; appeals procedure.
[Amended 11-2-2020 by Ord. No. 1692[1]]
A.
Powers and duties. The Planning Board shall adopt such rules and regulations as are necessary to carry out its duties as well as the provision and purposes of this chapter. The Planning Board shall follow the provisions of N.J.S.A. 40:55D-69 et seq., including:
(1)
To 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 enforcement of the zoning provisions of this chapter.
(2)
To hear and decide, in accordance with the provisions of this chapter, requests for interpretation of the Zoning Map or zoning provisions of this chapter or for decisions upon other special questions which such Board is authorized to pass by any other zoning provisions of this chapter.
(3)
Hardship and flexible 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 pursuant to the zoning provisions of this chapter would result in peculiar and exceptional practical difficulties to or exceptional and undue hardship upon the developer of such property, to 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 chapter would be advanced by a deviation from the zoning requirements and the benefits of the deviation would substantially outweigh any detriment, to grant a variance to allow departure from regulations pursuant to the zoning provisions of this chapter; provided, however, that no variance from those departures enumerated in Subsection A(4) of this section shall be granted under this subsection; and provided, further, that the proposed development does not require approval by the Planning Board of a subdivision, site plan or conditional use in conjunction with which the Planning Board has power to review a request for a variance pursuant to § 141-6G(8).
(4)
Use variances.
(a)
In particular cases and for special reasons, to grant a variance to allow departure from regulations pursuant to this chapter 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 as defined in this chapter; 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 of the Planning Board.
(c)
No variance or other relief may be granted under the terms of this Subsection A(4) or the preceding Subsection A(3) 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 zoning provisions of this chapter.
(5)
The Planning Board, when hearing appeals and reviewing applications, shall have the power, pursuant to N.J.S.A. 40:55D-76, to:
(a)
Direct issuance of a permit pursuant to N.J.S.A. 40:55D-34 for a building or a structure in the bed of a mapped street or public drainageway, flood control basin, or public area preserved pursuant to N.J.S.A. 40:55D-32.
(b)
Direct issuance of a permit pursuant to N.J.S.A. 40:55D-36 for a building or structure not related to a street.
(6)
The Planning Board shall have the power to grant subdivision, site plan approval or conditional use approval whenever the Planning Board is reviewing an application for approval of a use variance.
(7)
The Planning Board shall have the power to grant nonconforming use certifications pursuant to the provisions of N.J.S.A. 40:55D-68.
B.
Appeals and applications.
(1)
Appeals to the Planning Board may be taken by any interested party within 20 days of the action by the officer from whom the appeal was taken. Three copies of the notice shall be filed with the Borough Clerk specifying the grounds for the appeal. The officer from whom the appeal is taken shall transmit to the Board all the papers constituting the record.
(2)
Applications to the Planning Board without prior application to an administrative officer shall be filed with the Borough Clerk. Three copies of the application shall be filed, along with all plot plans, maps or other papers required by this chapter or any rule of the Planning Board.
(3)
An appeal stays all proceedings unless the officer from whom the appeal is taken certifies to the Planning Board that, by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property. In such cases, proceedings shall not be stayed otherwise than by restraining order, which may be granted by the Planning Board or by the Superior Court of New Jersey on application or notice to the officer from whom the appeal is taken and on due cause shown.
(4)
Any application may be referred to any person or agency for its report, provided that such reference shall not extend the period of time within which the Planning Board shall act.
C.
Power to reverse or modify decisions. The Planning Board may reverse or affirm, wholly or partly, or modify the order, requirement, decision or determination appealed from and make such other requirement, decision or determination as ought to be made and to that end have all the powers of the administrative officer from whom the appeal was taken.
D.
Time for decision. The Planning Board shall render its decision not later than 120 days after the date an appeal is taken from the decision of an administrative officer or not later than 120 days after the submission of a complete application for development without prior application to the administrative officer. Failure of the Board to render a decision within such further time as may be consented to by the applicant shall constitute a decision favorable to the applicant.
E.
Expiration of variance. In the granting of bulk and use variances, a time limit of one year from the date of the variance approval shall be set, within which time the owner shall secure a building permit; otherwise, the variance granted shall be null and void. The approving authority may, for good cause shown, extend the period for securing a building permit for an additional period not exceeding six months.
[1]
Editor's Note: This ordinance provided that the Zoning Board of the Borough is abolished, except that any applications pending before the Zoning Board may continue to be heard in accordance with N.J.S.A. 40:55D-72.1. It also stated that all powers of the former Zoning Board are vested in the Borough Planning Board; to that extent, this ordinance may not be all inclusive so that if there is any ordinance, whether the same be a municipal land use ordinance or otherwise, which grants powers to the Zoning Board, said powers shall now lie with the Planning Board. This ordinance also provided that any Class I or Class III member of the Planning Board shall not participate in the consideration of any applications of development which involve relief pursuant to N.J.S.A. 40:55D-70(d).
§ 141-8 Administrative procedures for Planning Board.
[Amended 11-2-2020 by Ord. No. 1692]
A.
Conflicts of interest. No member of the Planning Board shall act on any matter in which he or she has, either directly or indirectly, any personal or financial interest. Whenever any member shall disqualify himself from acting on a particular matter, he or she shall not continue to sit with the Board on the hearing of such matter or participate in any discussion or decision relating thereto.
B.
Meetings.
(1)
Meetings for both Boards shall be scheduled no less than once a month, and any meeting shall be held as scheduled unless canceled for lack of applications for development to process.
(2)
Special meetings may be called by the Chairman or on request of any two Board members, provided that there is notice to the members and public in accordance with all applicable legal requirements.
(3)
No action shall be taken at any meeting without a quorum being present. All actions shall be by majority vote of a quorum, except where a specified portion of the full authorized membership is required by N.J.S.A. 40:55D-26, 40:55D-34 and 40:55D-70d.
C.
Minutes. Minutes of regular and special meetings shall be kept and shall include the names of persons appearing and addressing the Board and of persons appearing by attorney, the action taken, the findings, if any, and the reasons therefor. The minutes shall be made available for public inspection during normal business hours at the office of the Borough Clerk. Any interested party shall have the right to compel production of the minutes and shall be charged a fee for their reproduction.
D.
Hearings.
(1)
Rules. The Planning Board shall make rules governing the conduct of hearings before such bodies, which rules shall not be inconsistent with the provisions of N.J.S.A. 40:55D-1 et seq. or of this chapter.
(2)
Oaths. The officer presiding at the hearing or such person as he may designate shall have the 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 Municipal Investigations Law, P.L. 1953, c. 38 (N.J.S.A. 2A:67A-1 et seq.), shall apply.
(3)
Testimony. The testimony of all witnesses relating to an application for development shall be taken under oath or affirmation by the presiding officer, 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.
(4)
Evidence. Technical rules of evidence shall not be applicable to the hearing, but the Board may exclude irrelevant, immaterial or unduly repetitious evidence.
(5)
Records. Each Board shall provide for the verbatim recording of the proceedings by either stenographic, mechanical or electronic means. The Board shall furnish a transcript or duplicate recording in lieu thereof on request to any interested party at his expense.
E.
Notice requirements for hearings. Whenever a hearing is required: on an application for development pursuant to N.J.S.A. 40:55D et seq.; on an appeal or application to the Planning Board under the provisions of N.J.S.A. 40:55D-70a or b; pursuant to the determination of the municipal agency in question; or for nonconforming use certifications pursuant to the provisions of N.J.S.A. 40:55D-68, the applicant shall give notice thereof as follows:
(1)
Public notice shall be given by publication in the official newspaper of the Borough at least 10 days prior to the date of the hearing.
(2)
Notice shall be given to the owners of all real property, as shown on the current tax duplicate or duplicates, located in the state and within 200 feet in all directions of the property which is the subject of such hearing and whether located within or without the municipality in which the applicant's land is located. Such notice shall be given by serving a copy thereof on the owner as shown on the said current tax duplicate or his agent in charge of the property or by mailing a copy thereof by certified mail to the property owner at his address shown on the current tax duplicate. A return receipt is not required. 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, vice president, secretary or other persons authorized by appointment or by law to accept service on behalf of the corporation, 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 horizontal property regime, in the case of any co-owner whose apartment has an apartment above or below it. 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.
(3)
Notice of all hearings on applications for development involving property located within 200 feet of an adjoining municipality shall be given by personal service or by certified mail to the Clerk of such municipality, which notice shall be in addition to the notice required to be given pursuant to Subsection (2) of this section to the owners of lands in such adjoining municipality which are located within 200 feet of the subject premises.
(4)
Notice shall be given by personal service or by certified mail to the County Planning Board of a hearing on an application for development of property adjacent to an existing county road or proposed road, shown on the Official County Map or on the County Master Plan, adjoining other county land or situate within 200 feet of a municipal boundary.
(5)
Notice shall be given by personal service or by certified mail to the Commissioner of Transportation of a hearing on an application for development of property adjacent to a state highway.
(6)
Notice shall be given by personal service or by certified mail to the Director of the Division of State and Regional Planning in the Department of Community Affairs of a hearing on an application for development of property which exceeds 150 acres or 500 dwelling units. Such notice shall include a copy of any maps or documents required to be on file with the Borough Clerk pursuant to Section 6b of P.L. 1975, c. 291.11.
(7)
All notices herein above specified in this section shall be given at least 10 days prior to the date fixed for the hearing, and the applicant shall file an affidavit of proof of service with the Board holding the hearing on the application for development.
(8)
Any notice made by certified mail as herein above required shall be deemed to be complete upon mailing in accordance with the provisions of N.J.S.A. 40:55D-14.
(9)
Form of notice. All notices required to be given pursuant to the terms of this chapter shall state the date, time and place of the hearing; the nature of the matters to be considered; the 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 and documents for which approval is sought are available as required by law.
F.
List of property owners furnished. Pursuant to the provisions of N.J.S.A. 40:55D-12c, the appropriate administrative officer of the municipality, being the Borough Assessor or his or her designee, shall, within seven days after receipt of a request therefor and upon receipt of payment of a fee not to exceed $0.25 per name or $10, whichever is greater, make and certify a list from the current tax duplicate of the names and addresses of owners to whom the applicant is required to give notice pursuant to Subsection E(2) of this section of this section.
G.
Decisions.
(1)
Each decision on any application for development shall be set forth in writing as a resolution of the Board, which resolution shall include findings of fact and legal conclusions based thereon.
(2)
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. 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. A copy of the decision shall also be filed in the office of the Borough 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 fees established for copies of other public documents in the municipality.
H.
Publication of decisions. A brief notice of every final decision shall be published in the official newspaper of the municipality. Such publication shall be arranged by the Secretary of the Planning Board without separate charge to the applicant. Said notice shall be sent to the official newspaper for publication within 10 days of the date of any such decision.
I.
Payment of taxes. Pursuant to the provisions of N.J.S.A. 40:55D-39 and 40:55D-65, every application for development submitted to the Planning Board shall be accompanied by proof that no taxes or assessments for local improvements are due or delinquent on the property which is the subject of such application; or if it is shown that taxes or assessments are delinquent on said property, the Planning Board, in its sole discretion, may elect to proceed with the application, and any approvals or other relief granted by either Board shall be conditioned upon either the prompt payment of such taxes or assessments or the making of adequate provision for the payment thereof in such manner that the municipality will be adequately protected.
J.
Appeals. All appeals of any final decision of the the Planning Board on any class of application for development shall be made to the New Jersey Superior Court.