Haddonfield City Zoning Code

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 any zoning regulations of this chapter 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 for such strict application of such regulation so as to relieve such difficulties or hardship;

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 requirements of this chapter and the benefits of the deviation would substantially outweigh any detriment, grant a variance to allow departure from zoning regulations of this chapter; provided, however, that no variance from those departures enumerated in Subsection D 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 § 135-111B of this chapter.

Direct issuance of a construction permit pursuant to N.J.S.A. 40:55D-34 for the construction of a building or structure within the bed of a mapped street or public drainageway, flood control basin or public area as shown on a duly adopted Official Map of the municipality whenever one or more parcels of land within said bed cannot yield a reasonable return to the owner unless a construction permit is granted. The Board may grant such relief only by affirmative vote of a majority of the full authorized membership of the Zoning Board of Adjustment, ensuring that such relief will tend to cause a minimum change of the Official Map and will not significantly add to the cost of opening any proposed street. The Board shall impose reasonable requirements as a condition of granting the construction permit so as to promote the health, morals, safety and general welfare of the public.

Direct issuance of a construction permit pursuant to N.J.S.A. 40:55D-36 for the construction of a building or structure on a lot not abutting a street which is shown on a duly adopted Official Map of the municipality or which is an existing state, county or municipal street or highway; or a street shown upon a plat approved by the Municipal Planning Board; or a street on a plat duly filed in the office of the county recording officer. The Board may grant such relief only when the enforcement of the statute requirement that a building to abut a street would entail practical difficulty or unnecessary hardship, or where the circumstances of the case do not require the building or structure to abut a street. The Board shall impose requirements or conditions that will provide adequate access for fire-fighting equipment, ambulances and other necessary emergency vehicles for the protection of the health and safety and that will protect any future street layout on the Official Map or on the circulation plan element of the Borough Master Plan.

The Zoning Board of Adjustment shall have the power to grant, to the same extent and subject to the same restrictions as the Planning Board, subdivision, site plan or conditional use approval whenever the proposed development requires approval by the Zoning Board of Adjustment of a variance pursuant to § 135-108D of this chapter. The developer may elect to submit a separate application requesting approval of the variance and a subsequent application requesting approval of a subdivision, site plan or conditional use. The separate approval of the variance shall be conditioned upon a grant of all required subsequent approvals by the Zoning Board of Adjustment. No such subsequent approval shall be granted unless such approval can be granted without substantial impairment of the intent and purpose of the zone plan and the zoning provisions of this chapter. The number of votes of Board members required to grant such subsequent approval shall be as otherwise provided in this chapter for the approval in question, and the special vote pursuant to § 135-108D of this chapter shall not be required. An application under this article 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 Zoning Board of Adjustment shall act.

Area and yard requirements shall apply as if the private street was a dedicated public street; and

Lots which abut both a public street and a private street shall be treated as corner lots for the purposes of yard requirements.

As specified in the Borough's application form, a variance application or a request submitted pursuant to § 135-108C, D, E, F or G shall include property owner and applicant information, including the owner's consent if the applicant is not the owner; subject property information; the type of variance(s) or relief requested; the specific nature of the variance(s) or relief requested; the reasons for the variance(s) or relief; plans that illustrate the existing site and building conditions; proposed site and building conditions and surrounding property and building conditions; and a table showing existing, required and proposed uses, lot size, yard, coverage, height and parking conditions for the subject property. Determinations of completeness for these applications for development shall be governed by § 135-70C, D and E.

An appeal of the Administrative Officer's decision submitted to the Zoning Board of Adjustment pursuant to § 135-109A shall include property owner and applicant information; subject property information; the decision being appealed; the grounds for the appeal; the specific outcome requested; plans that illustrate the existing site and building conditions, proposed site and building conditions and surrounding property and building conditions; and a table showing existing, required and proposed uses, lot size, yard, coverage, height and parking conditions for the subject property. As specified in § 135-109A, these applications must be filed within 20 days and shall then be transmitted to the Board.

A request for interpretation of the Zoning Map or any other provision of this chapter which is submitted to the Zoning Board of Adjustment shall include property owner and applicant information; subject property information; the map or ordinance provision to be interpreted; the reason(s) for the interpretation; the specific outcome requested; any plans of existing site and building conditions, proposed site and building conditions and/or surrounding property and building conditions that are needed to illustrate or explain the interpretation; and, if applicable, a table showing existing, required and proposed uses, lot size, yard, coverage, height and parking conditions for the subject property. Determinations of completeness for these applications shall be made by the Administrative Officer within 45 days of submission.

An application for a certificate of nonconformity, pursuant to N.J.S.A. 40:55D-68, shall include property owner and applicant information, including the owner's consent if the applicant is not the owner; subject property information; a description of the use at the time it became nonconforming, including photographic and/or other information that helps to define the use; the date it became nonconforming and the ordinance provisions that caused the nonconformity; a statement explaining why the use was lawful and conforming before that date; a statement as to its continuing use since the date of nonconformity and a description of the current use, including photographic or other information that helps to define the use; and an explanation as to why the use is afforded protection pursuant to the Municipal Land Use Law. Determinations of completeness for these applications shall be made by the Administrative Officer within 45 days of submission and, when complete, will be decided by the Administrative Officer if filed within one year of the adoption of the ordinance which rendered the use nonconforming or by the Board if more than a year has passed.

Class I. The Mayor, or the Mayor's designee in the absence of the Mayor.

Class II. One of the officials of the Borough other than a member of the Board of Commissioners, to be appointed by the Mayor, provided that if there be an Environmental Commission, 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 for purposes of this chapter in the event there be among the Class IV or alternate members of the Planning Board both a member of the Zoning Board of Adjustment and a member of the Board of Education.

Class III. A member of the Board of Commissioners other than the Mayor, to be appointed by the Board of Commissioners.

Class IV. Five other citizens of the Borough to be appointed by the Mayor. Alternate members shall meet the qualifications of Class IV regular members and shall be designated by the Mayor at the time of their appointment as "Alternate No. 1" and "Alternate No. 2."

Make, 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 relationship to the planning of the Borough.

Administer the subdivision and site plan review provisions of this chapter in accordance with the applicable provisions of said ordinance.[1]

Participate in the preparation and review of programs or plans required by the state or federal law or regulation.

Assemble data on a continuing basis as part of a continuous planning process.

Annually, at the request of the Board of Commissioners, prepare a program of municipal capital improvements projects projected over a term of six years and recommend same to the Board of Commissioners.

Consider and report to the Board of Commissioners within 35 days after referral as to any proposed development regulation submitted to it and also pass upon other matters specifically referred to the Planning Board by the Board of Commissioners.

Perform such other advisory duties as are assigned to it by ordinance or resolution of the Board of Commissioners for the aid and assistance of the Commissioners or other agencies or officers.

The Planning Board shall have such other powers as prescribed by law, including, but limited to, the power to grant the following variances, to the same extent and subject to the same restrictions as the Zoning Board of Adjustment, when the Planning Board is reviewing applications for approval of subdivision plats, site plans or conditional uses:

Whenever relief is requested pursuant to this subsection, notice of the 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.

The developer may elect to submit a separate application requesting approval of the variance or direction of the issuance of a permit and a subsequent application for any required approval of a subdivision, site plan or conditional use. The separate approval of the variance or direction of the issuance of a permit shall be conditional upon grant of all required subsequent approvals by the Planning Board. No such subsequent approval shall be granted unless the approval can be granted without substantial detriment to the public good and without substantial impairment of the intent and purpose of the zone plan and Zoning Ordinance.

Meetings of both the Planning Board and the Zoning Board of Adjustment shall be scheduled no less than once a month and any meeting so scheduled shall be held as scheduled unless cancelled for lack of applications for development to process.

Special meetings may be provided for at the call of the Chairman or on the request of any two Board members, which meetings shall be held on notice to its members and the public in accordance with all applicable legal requirements.

All action shall be taken at any meeting with a quorum being present, said quorum to be the majority of the full authorized membership of the Board.

All action shall be taken by majority of the members of the Board present at the meeting except as otherwise required by the provision of N.J.S.A. 40:55D-1 et seq. Failure of a motion to receive the number of votes required to approve an application for development pursuant to the exceptional vote requirements of N.J.S.A. 40:55D-34 or 40:55D-70(d) shall be deemed an action denying the application. 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 his or her absence from one or more of the meetings; provided, however, that such Board member has available to him or her the transcript or recording of all of the hearing from which such member was absent, and certifies in writing to the Board that he or she has read such transcript or listened to such recording.

All regular meetings and all special meetings shall be open to the public, except as provided in the Open Public Meeting Law, c. 231, Laws of New Jersey, 1975 (N.J.S.A. 10:4-6 et seq). Notice of all such meetings shall be given in accordance with the requirements of the Open Public Meeting Law, c. 231, Laws of New Jersey, 1975.

The Planning Board or the Zoning Board of Adjustment, as the case may be, shall hold a hearing on each application for development. Each Board shall make rules governing such hearings.

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 Administrative Officer. The applicant may produce any documents, records or testimony at the hearing to substantiate or clarify or supplement the previously filed maps and documents.

The officer presiding at the hearings, or such person as that officer 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 Municipal Investigations Law, P.L. 1953, c. 38 (N.J.S.A. 2A:67A-1 et seq.) shall apply.

The testimony of all witnesses relating to an application for development shall be taken under oath or affirmation by the presiding officer or such other person as that officer may designate, and the right or 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 reasonable limitations as to time and number of witnesses.

Public notice of a hearing shall be given for the following applications for development:

The Secretary of the Planning Board or the Zoning Board of Adjustment, as the case may be, 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 to the applicant at least 10 days prior to the date of the hearing in the following manner:

Upon written request of an applicant, the Administrative Officer shall, within seven days, make and certify a list from current tax duplicates or Assessor's field book of names and addresses of owners within the Borough to whom the applicant is required to give notice. The applicant shall be charged $0.25 per name or $10, whichever is greater, for said list and shall be entitled to rely upon the information contained in such list, and failure to give notice to any lot owner not on the list shall not invalidate any hearing or proceeding. Additionally, the applicant shall be responsible for giving proper notice to all property owners pursuant to Subsection D(2)(b) above who do not reside within the Borough.

The notice shall state the date, time and place of the hearing and the nature of the matters to be discussed, and an identification of the property proposed for development by street address, if any, and by reference to lot and block numbers as shown on the current tax field book 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.

Minutes of every regular meeting or special meeting shall be kept and shall include the names and addresses of all persons appearing and addressing the Planning Board or the Zoning Board of Adjustment, and of any person appearing by attorney, the action taken by the Planning or Zoning Board, the findings, if any, made by it and the reasons thereof. The minutes shall thereafter be made available, after approval by the Board, for public inspection during the normal business hours at the office of the Administrative Officer. Any interested party shall have the right to compel production of the minutes for use as evidence in any legal proceedings concerning the subject matter of such minutes. Such interested party shall be charged a reasonable fee for the reproduction of the minutes, as indicated in Article XIII of this chapter.

A verbatim recording shall be made of every hearing. The recording of the proceedings shall be made either by stenographer, mechanical or electrical means. The municipality shall furnish a transcript or duplicate recording in lieu thereof on request of any interested party at his expense, provided that the charge for a transcript shall not exceed the maximum amount permitted in N.J.S.A. 2A:11-15, and as indicated in Article XIII of this chapter. Each transcript shall be certified in writing by the transcriber to be accurate.

Each decision on any application for development shall be reduced to writing by the Board and shall include findings of facts and conclusions based thereon.

The Planning Board or Board of Adjustment 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 Planning Board or Board of Adjustment shall provide the finding and conclusion through:

Whenever a memorialization is adopted, the date of such adoption shall constitute the date of the decision for purposes of the mailings, filings, and publications specified in Article VIII and § 135-114 of this chapter.

An application for development shall be complete for purposes of commencing the applicable time period for action by the Planning Board or Board of Adjustment as applicable when so certified by the Administrative Officer. In the event that the Administrative Officer does not certify the application to be complete within 45 days of the date of its submission, the application shall be deemed complete upon the expiration of the forty-five-day period for purposes of commencing the applicable time period unless the application lacks information indicated on the checklist which shall be provided to the applicant at the time of application; and the Administrative Officer has notified the applicant in writing, of the deficiencies in the application within 45 days of submission of the application. Nothing herein shall be construed as diminishing the applicant's obligation to prove in the application process that he is entitled to approval of the application. The Planning Board or Board of Adjustment may subsequently require correction of information found to be in error and submission of additional information not specified in the ordinance or any revisions in the accompanying documents, as are reasonably necessary to make an informed decision as to whether the requirements necessary for approval of the application for development have been met. The application shall not be deemed incomplete for lack of any such additional information or any revisions in the accompanying documents so required by the municipal agency.