Hainesport City Zoning Code
ARTICLE XIII
Review Boards
§ 104-128 General provisions.
[Amended 12-12-1995 by Ord. No. 1995-14-11]
There shall be established pursuant to the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.) and the specific authority contained within N.J.S.A. 40:55D-25c a Hainesport Township Planning Board to exercise the authority vested in reviewing boards under the Municipal Land Use Law, including the ability to exercise to the same extent and subject to the same restrictions all the powers of a zoning board of adjustment. Nothing herein contained shall be deemed to diminish the right of the Township heretofore or hereafter exercised to establish additional boards or agencies pursuant to other statute or the general powers of the Township which may have duties in connection with the land development applications. This section is limited to the establishment of a Planning Board whose authority stems from the Municipal Land Use Law.
§ 104-129 (Reserved) [1]
[1]
Editor's Note: Former § 104-129, Zoning Board of Adjustment, as amended, was repealed 12-12-1995 by Ord. No. 1995-14-11.
§ 104-130 Planning Board.
A.
Organization.
[Amended 4-12-1994 by Ord. No. 1994-4-3; 3-9-2004 by Ord. No. 2004-2-1]
(1)
Creation. Pursuant to the provisions of N.J.S.A. 40:55D-1 et seq., titled the "Municipal Land Use Law" (Chapter 291, P.L. 1975), a Township Planning Board to consist of nine members is hereby created, which shall additionally exercise the powers of the Board of Adjustment pursuant to N.J.S.A. 40:55D-25.
(2)
Membership. Membership on said Planning Board shall consist of, and be divided into, for convenience in designating the manner of appointment, the following four classes, all of whom must be municipal residents (except Class II member):
(a)
Class I: the Mayor or his designee in the absence of the 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 member of the Environmental Commission who is also a member of the Planning Board shall be deemed the Class II Planning Board member in the event that there is both a member of the Zoning Board of Adjustment (if said Board exists) 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, position or employment, except that one member may be a member of the Zoning Board of Adjustment (if one exists) or Historic Preservation Commission, 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 be among the Class IV or alternate members of the Planning Board both a member of the Zoning Board of Adjustment (if such Board exists) or Historic Preservation Commission and a member of the Board of Education, in which case the member common to the Planning Board and the Environmental Commission shall be deemed to be the Class II member of the Planning Board. For the purposes of this section, membership on a municipal board or commission whose function is advisory in nature, and the establishment of which is discretionary and not required by statute, shall be considered the holding of municipal office.
(3)
Compensation. All members of the Board shall serve as such without compensation.
(4)
Terms. The term of the member composing Class I shall correspond with his official tenure; the Mayor's designee shall serve at the pleasure of the Mayor during the Mayor's official tenure. The terms of the members composing Class II and Class III shall be for one year or shall terminate at the completion of their respective terms of office, whichever occurs first, except for a Class II member who is also a member 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 shall terminate at the completion of his term of office as a member of the Environmental Commission, whichever occurs first. The term of a Class IV member who is also a member of the Board of Adjustment (if such Board exists) 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 terms 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 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. In the event that a member shall resign from 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. No member of the Planning Board shall be permitted to act on any matter in which he has, either directly or indirectly, any personal or financial interest. Any member other than a Class I member, after a public hearing if he requests one, may be removed by the governing body for cause.
(5)
Vacancy. If a vacancy of any class shall occur otherwise than by expiration of the term, it shall be filled by appointment as above provided for the unexpired term.
(6)
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.
(7)
Alternate members. The Mayor is hereby authorized to appoint four alternate members of the Planning Board, all of whom must be municipal residents. The terms of the alternate members shall be staggered such that the first and third appointed members shall have two-year terms, and the second and fourth appointed members shall have one-year terms, in accordance with N.J.S.A. 40:55D-23.1. 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."
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
B.
Rules and regulations.
(1)
In general. The Board shall adopt written rules and regulations as it deems 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-8a. In the issuance of subpoenas, administration of oaths and taking of testimony, the provisions of the County and Municipal Investigation 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 when acting as a Planning Board. The Planning Board is authorized to adopt rules and regulations governing its procedural operation. It shall also have the following powers and duties:
[Amended 3-11-1980 by Ord. No. 1980-3; 12-12-1995 by Ord. No. 1995-14-11]
(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 the planning of the Township, in accordance with the provisions of N.J.S.A. 40:55D-28.
(2)
To administer the provisions of land subdivision and site plan review of this chapter in accordance with the provisions of this chapter 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 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 governing body.
(6)
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-26a and also pass upon other matters specifically referred to the Planning Board by the Township Committee pursuant to the provisions of N.J.S.A. 40:55D-26b.
(7)
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 Zoning Board of Adjustment:
(b)
(c)
Direction pursuant to Section 27 of said Act[4] for issuance of a permit for a building or structure not related to a street. 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.
[4]
Editor's Note: See N.J.S.A. 40:55D-36.
(8)
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.
Powers and duties generally when acting as a Zoning Board of Adjustment. The powers of the Planning Board when acting as the Board of Adjustment for the Township of Hainesport shall be the same as those set forth within N.J.S.A. 40:55D-69 et seq. and the amendments and supplements thereto, and it is the intent of this chapter to confer upon the Zoning Board of Adjustment full and complete power as the law may provide, provided that when acting upon the variances addressed by the provisions of N.J.S.A. 40:55D-70(d), Class I and Class III members shall not participate in the consideration of the matter. These powers include but are not limited to the following:
[Added 12-12-1995 by Ord. No. 1995-14-11][5]
(1)
Powers granted by law.
(a)
The Planning Board, when acting as the Zoning Board of Adjustment, shall have the following powers:
[1]
To 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 official or agency based on or made in the enforcement of this chapter.
[2]
To hear and decide requests for interpretation of the Zoning Map or this chapter or for decisions upon other special questions upon which such Board is authorized by this chapter to pass.
[3]
Where, by reason of exceptional narrowness, shallowness or shape of a specific piece of property or by reason of exceptional topographical condition or by reason of other extraordinary and exceptional situation or condition of such piece of property, the strict application of any regulation in 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 the regulations so as to relieve such difficulties or hardship, including a variance for a conditional use; provided, however, that no variance shall be granted under this subsection to allow a structure or use in a district restricted against such structure or use.
[4]
In particular cases and for special reasons, to grant a variance to allow departure from the regulations pursuant to this chapter, including but not limited to allowing a structure or use in a district restricted against such structure or use, but only by the affirmative vote of at least five members.
(b)
No variance or other relief may be granted under the provisions of this section unless such variance or other relief can be granted without substantial detriment to the public good and will not substantially impair the intent and purpose of the zone plan and this chapter. Any application under any subsection of this section may be referred to any appropriate person or agency, including the Planning Board, for his or its report, provided that such reference shall not extend the period of time within which the Zoning Board of Adjustment shall act.
(2)
Additional powers. The Planning Board, when acting as a Zoning Board, shall, in addition to the powers specified above, have the power given by law to:
(a)
Direct the issuance of a permit pursuant to N.J.S.A. 40:55D-34 for a building or structure in the bed of a mapped street or public drainageway, flood control basin or public area reserved on the Official Map.
(b)
Direct the issuance of a permit pursuant to N.J.S.A. 40:55D-36 for a building or structure not related to a street.
(3)
Appeals to the Board may be taken by an interested party affected by any decision of the administrative officer based on or made in the enforcement of this chapter or the Official Map. Nothing within this chapter shall preclude a developer from filing an application for development with the Board for action under any of its powers without prior application to an administrative officer pursuant to N.J.S.A. 40:55D-72b.
(a)
Appeals from an administrative decision. Appeals to the Board may be taken by any interested party affected by any decision of an administrative officer of the Township based or made in the enforcement of this chapter or the Official Map. Such appeal shall be taken within 20 days by filing one copy of the notice of appeal with the officer from whom the appeal is taken and three copies of the notice of appeal with the Secretary of the Board. Said notice of appeal shall specify the grounds for said appeal. The officer from whom the appeal is taken shall forthwith transmit to the Board all papers constituting the record upon which the action appealed from was taken.
(b)
Original jurisdiction. Applications addressed to the original jurisdiction of the Board without prior application to the administrative officer shall be filed with the Township Clerk. Five copies of the application shall be filed. At the time of filing the appeal or application, but in no event less than 20 days prior to the hearing, the applicant shall also file all plot plans, maps or other papers required by virtue of any provisions under the Code of the Township of Hainesport or any rule of the Board. The applicant shall also obtain all necessary forms from the Township Clerk. The Township Clerk shall inform the applicant of the steps to be taken to initiate the proceedings and of the regular meeting dates of the Board.
(c)
Appeal stays all proceedings. An appeal stays all proceedings in the furtherance of the action in respect of which the decision appealed from was made, unless the officer from whom the appeal is taken certifies to the Board after the notice of appeal shall have been filed with him that by reason of the facts state in the certificate a stay would, in his opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order which may be granted 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)
Except as otherwise provided by the Code of the Township of Hainesport, each application made for a variance or appeal shall be accompanied by the appropriate fee specified in Article VI of this chapter.
(5)
Procedure. The Board shall act in strict accordance with the procedural requirements specified under N.J.S.A. 40:55D-9 through 40:55D-12 and 40:55D-69 et seq.
(6)
Power to reverse or modify decisions. In exercising the above-mentioned power, the Board may, in conformity with the provisions of N.J.S.A. 40:55D-1 et seq. or amendments thereto or subsequent statutes applying, reverse or affirm wholly or partly or may modify the order, 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 is taken.
(7)
Time for decision. The 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 of the submission of a complete application for development to the Board pursuant to the provisions of N.J.S.A. 40:55D-72b. Failure of the Board to render a decision within the 120-day period or within such further time as may be consented to by the applicant shall constitute a decision favorable to the applicant.
[5]
Editor's Note: This ordinance also provided for the renumbering of former Subsection D as Subsection E.
E.
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 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:
(1)
Board attorney.
(a)
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.
(b)
Term. The Board attorney shall be appointed for a term of one year, commencing on January 1 of the year of appointment.
(c)
Qualifications. The person appointed as Board attorney shall be a licensed attorney within the State of New Jersey and shall possess such other qualifications of ability and experience which the Board shall deem necessary to perform the duties of his office.
(d)
Compensation. The Board attorney shall receive reasonable fees and charges for legal services as are provided within the Township budget, together with appropriate billings against the sums specified in Article VI of this chapter.
(e)
Duties. The Board attorney shall be the 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:
[1]
Advise the Board as to the form and sufficiency of all actions prior to their effectiveness.
[2]
Review, prepare and approve all contracts, resolutions, findings of fact, documents and instruments prior to the execution or adoption thereof by or on behalf of the Board.
[3]
Conduct appeals from orders, decisions or judgments affecting any interest of the Board as he may, in his discretion, determine to be necessary or desirable or as directed by the Board.
[4]
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.
[5]
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.
[6]
Have such other different functions, powers and duties as may be provided by the Board, state law or administrative directive.
(2)
Board engineer.
(a)
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 may or may not be the Township Engineer.
(b)
Term. The Board engineer shall be appointed for a tern of one year commencing on January 1 of the year of appointment and terminating on December 31 of the year of appointment.
(c)
Qualifications. The person appointed Board engineer shall be a licensed professional engineer within the State of New Jersey and posses such other qualifications, abilities and experience which the Board shall deem necessary to perform the duties of his office.
(d)
Compensation. The Board engineer shall receive reasonable fees and charges for engineering services as are provided within the Township budget, together with appropriate billings against the sums specified in Article VI of this chapter.
(e)
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. The Board engineer shall:
[1]
Review and approve all construction made pursuant to any plat or plan approved by the Planning Board to the extent that said action is not inconsistent with the responsibility of the Township Engineer.
[2]
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.
[3]
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 in existence within the Township.
[4]
Make recommendations and suggestions with regard to engineering matters relating to the Master Plan, the zoning and site plan review provisions of this chapter and any other ordinance within the Board's jurisdiction which the engineer, pursuant to a request, deems advisable.
[5]
Perform such other duties as the Planning Board shall by motion or resolution require.
(f)
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 obligations previously 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.