Hardwick Township City Zoning Code
ARTICLE VI
Planning Board
§ 13-70 ZONING BOARD OF ADJUSTMENT REPEALED.
[Ord. No. 96/4; repealed by Ord. No. 2017-03]
Ordinance No. 2017-03 provided for the repeal of the Zoning Board of Adjustment and vested all powers of the Zoning Board of Adjustment with the Planning Board.[1]
[1]
Editor's Note: references herein to the Zoning Board of Adjustment shall be deemed to refer to the Planning Board acting as the Zoning Board of Adjustment.
§ 13-71.1 Establishment of Planning Board.
[Ord. No. 96/4 § 13-71.1; Ord. No. 2002-08 § 1; Ord. No. 2017-03 § 1]
a.
The Hardwick Township Planning Board, created pursuant to N.J.S.A. 40:55-25(c)(1), shall consist of nine (9) members of the following four (4) classes:
1.
Class I: the Mayor.
2.
Class II: One (1) of the officials of the municipality, other than a member of the Governing Body, 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, as required by N.J.S.A. 40:56A-1, shall be deemed to be the Class II Planning Board member for the purposes of this chapter in the event that there is among the Class IV both a member of the Zoning Board of Adjustment and a member of the Board of Education.
3.
Class III: A member of the Township Committee to be appointed by the Township Committee.
4.
Class IV Members: Six (6) 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 (1) member may be a member of the Board of Adjustment. One (1) Class IV member may be a member of the Board of Education. If there is a Municipal Environmental Commission, 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 Planning Board member unless there are among 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 common to the Planning Board and Municipal Environmental Commission shall be deemed a Class II member of the Planning Board. For the purpose of this section, membership on a municipal board or commission whose function is advisory in nature, the establishment of which is discretionary and not required by statute, shall not be considered the holding of municipal office.
5.
Alternate Members. Four (4) alternate members shall be appointed by the Mayor and shall meet the qualifications of Class IV members. Alternate members shall be designated at the time of appointment as "Alternate No. 1," "Alternate No. 2," "Alternate No. 3," and "Alternate No. 4." The terms of alternate members shall be for two (2) years, except that the terms of not more than two (2) alternate members shall expire in the same year.
Alternate members may participate in all matters but, may not vote except in the absence or disqualification of a regular member of any class.
b.
Terms.
1.
The term of the member composing Class I shall correspond to his or her official tenure as Mayor. The terms of the members composing Class II and Class III shall be for one (1) year or 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 a Class II or Class IV member who is also a member of the Environmental Commission shall be for three (3) years or terminate at the completion of his or her term of office as a member of the Environmental Commission, whichever comes first. 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 his or her Class IV term, whichever occurs first. Thereafter, the Class IV term of each such member shall be four (4) years. If a vacancy in any class shall occur otherwise than by expiration of the Planning Board term, it shall be filled by appointment, as above provided, for the unexpired term. No member of the Planning Board shall be permitted to act on any matter in which there is any personal or financial interest, either directly or indirectly. Any member other than a Class I member, after a public hearing, if requested, may be removed by the governing body for cause.
2.
If the Planning Board lacks a quorum because any of its members are prohibited by N.J.S.A. 40:55D-23 or N.J.S.A. 40:55D-23.1 from acting on a matter due to the member's personal or financial interest, regular members of the Board of Adjustment shall be called upon 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 the minimum number of members necessary to constitute a quorum to act upon the matter without any personal or financial interest. If a choice has to be made between regular members of equal seniority, the chairman of the Board of Adjustment shall make the choice.
3.
Nothing in this chapter shall, however, be construed to affect the terms of any present members of the Planning Board, all of whom shall continue in office until the completion of the terms for which they were appointed.
c.
The Planning Board shall organize annually by selecting from among its Class IV members a Chairperson and a Vice Chairperson. The Board shall also select a Secretary who may or may not be a member of the Board or a municipal employee, and create and fill such other offices as established by ordinance.
d.
The governing body shall make provisions in its budget and appropriate funds for the expenses of the Planning Board.
e.
The office of Planning Board Attorney is hereby created. The Planning Board may annually appoint to such office and fix compensation or rate of compensation of an attorney at law of New Jersey other than the Municipal or Board of Adjustment Attorney.
f.
The Planning Board may also employ or contract for and fix the compensation of such experts and other staff and services as it may deem necessary. The Board, however, shall not authorize expenditures which exceed, exclusive of gifts or grants, the amount appropriated by the governing body for its use.
§ 13-71.2 Powers and Jurisdiction of Planning Board.
[Ord. No. 96/14 § 13-71.2; Ord. No. 2017-03 § 3]
a.
The Planning Board shall follow the provisions of N.J.S.A. 40:55D-25 and shall accordingly exercise its powers in regard to:
1.
The master plan pursuant to N.J.S.A. 40:55D-28;
2.
Subdivision control and site plan review pursuant to N.J.S.A. 40:55D-37 et seq.;
3.
The official map pursuant to N.J.S.A. 40:55D-32 et seq.;
4.
The zoning ordinance including conditional uses pursuant to N.J.S.A. 40:55D-67;
5.
The capital improvements program pursuant to N.J.S.A. 40:55D-29 et seq.;
6.
Variances and certain building permits in conjunction with subdivision, site plan and conditional use approval pursuant to N.J.S.A. 40:55D-60 et seq.;
7.
Participation in the preparation and review of programs or plans required by State or Federal law or regulation;
8.
Assemblage of data on a continuing basis as part of a continuous planning process; and
9.
Performance of such other advisory duties as are assigned to it by ordinance or resolution of the Township Committee.
10.
The Board hereby created shall also exercise all the powers, duties and procedures as set forth in the Municipal Land Use Law for Zoning Boards pursuant to N.J.S.A. 40:55D-25(c)(1).
§ 13-71.3 Ancillary Powers of the Planning Board.
[Ord. No. 96/4 § 13-71.3]
a.
Planning Board review in lieu of Board of Adjustment. Whenever the proposed development requires approval of a subdivision, site plan or conditional use, but not a variance pursuant to N.J.S.A. 40:55D-70d, the Planning Board shall have the power to grant to the same extent and subject to the same restrictions as the Board of Adjustment:
1.
Variances pursuant to N.J.S.A. 40:55D-70c;
2.
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 reserved pursuant to N.J.S.A. 40:55D-32; and
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.
b.
Whenever relief is requested pursuant to this section, 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.
c.
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 conditioned upon the 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.
d.
Time periods.
1.
Whenever an application for approval of a subdivision plat, site plan or conditional use includes a request for relief pursuant to N.J.S.A. 40:55D-60, the Planning Board shall grant or deny approval of the application within one hundred twenty (120) days after submission by a developer of a complete application to the Administrative Officer or within such further time as may be consented to by the applicant. In the event that the developer elects to submit separate consecutive applications, the aforesaid provision shall apply to the application for approval of the variance or direction for issuance of a permit. The period for granting or denying any subsequent approval shall be as otherwise provided in N.J.S.A. 40:55D-70 et seq. Failure of the Planning Board to act within the period prescribed shall constitute approval of the application and a certificate of the Administrative Officer as to the failure of the Planning Board to act shall be issued on request of the applicant. It shall be sufficient in lieu of the written endorsement or other evidence of approval, herein required, and shall be so accepted by the County Recording Officer for purposes of filing subdivision plats.
2.
Whenever review or approval of the application by the County Planning Board is required by N.J.S.A. 40:27-6.3, in the case of a subdivision, or N.J.S.A. 40:27-6.6, in the case of a site plan, the Planning Board shall condition any approval that it grants upon timely receipt of a favorable report on the application by the County Planning Board or approval by the County Planning Board by its failure to report thereon within the required time period.
§ 13-71.4 Referral Powers of the Planning Board.
[Ord. No. 96/4 § 13-71.4]
a.
Prior to the adoption of a development regulation, revision or amendment thereto, the Planning Board shall make and transmit to the Township Committee, within thirty-five (35) days after referral, a report including identification of any provisions in the proposed development regulation, revision or amendment which are inconsistent with the master plan and recommendations concerning these inconsistencies and any other matters as the Board deems appropriate. The Township Committee, when considering the adoption of a development regulation, revision or amendment thereto, shall review the report of the Planning Board and may disapprove or change any recommendation by a vote of a majority of its full authorized membership and shall record in its minutes the reasons for not following such recommendations. Failure of the Planning Board to transmit its report within the thirty-five (35) day period provided herein shall relieve the Township Committee from the requirements of this subsection in regard to the proposed development regulation, revision or amendment referred to the Planning Board. Nothing in this section shall be construed as diminishing the application of the provisions of N.J.S.A. 40:55D-32 to any official map or an amendment or revision thereto or of N.J.S.A. 40:55D-62 to any zoning ordinance or any amendment or revision thereto.
b.
The Township Committee may by ordinance provide for the reference of any matter or class of matters to the Planning Board before final action thereon by a Township body or Township officer having final authority thereon except for any matter under the jurisdiction of the Board of Adjustment. Whenever the Planning Board shall have made a recommendation regarding a matter authorized by this act to another municipal body, such recommendation may be rejected only by a majority of the full authorized membership of such body.
§ 13-72.1 Meetings.
[Ord. No. 96/4 § 13-72.1; Ord. No. 2017-03]
a.
Meetings of the Planning Board shall be scheduled no less often than once a month and shall be held as scheduled unless canceled for lack of pending applications.
b.
Special meetings may be held at the call of the Chair or at the request of any two (2) Board members. The members of the respective Board and the public shall be given notice of such meeting in accordance with all applicable legal requirements.
c.
No action shall be taken at any meeting without a quorum being present, said quorum to be the majority of the full authorized membership of the Board.
d.
All actions shall be taken by majority vote of the members of the Board present at the meeting except as otherwise required by a provision of N.J.S.A. 40:55D-70. 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 the absence from one or more of the meetings; provided, however, that a transcript or recording of all of the hearing from which he was absent exists, and provided, further, that such Board member certifies in writing to the Board that he has read such transcript or listened to such recording.
f.
Minutes of every regular or special meeting shall be kept and shall include the names of the persons appearing and addressing the municipal agency and of the persons appearing by attorney, the action taken by the municipal agency, the findings, if any, made by it and reasons therefor. The minutes shall thereafter be made available for public inspection during 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 or evidence in any legal proceedings concerning the subject matter of such minutes. Such interested party may be charged a reasonable fee for reproduction of the minutes for his or her use.
§ 13-72.2 Public Hearings.
[Ord. No. 96/4 § 13-72.2; Ord. No. 2017-03]
a.
The Planning Board shall hold a hearing on each application for development or on the adoption, revision or amendment of the master plan. The Board shall make the rules governing such hearings.
b.
Any maps and documents for which approval is sought at a hearing shall be on file and available for public inspection at least ten (10) days before the date of the hearing during normal business hours in the office of the Board Secretary. The applicant may produce other documents, records or testimony at the hearing to substantiate, clarify or supplement the previously filed maps and documents.
c.
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.
d.
The officer presiding at the hearings or such person as he 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 Municipality Investigations Law, P.L. 1953, c. 38 (N.J.S.A. 2A:67A-1 et seq.), shall apply.
e.
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.
f.
Technical rules of evidence shall not be applicable to the hearing, but the Board may exclude irrelevant, immaterial or unduly repetitious evidence.
g.
The municipal agency shall provide for the verbatim recording of the proceedings by either a stenographer or mechanical or electronic means at the applicant's expense.
h.
The municipal agency 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 municipal agency shall provide the findings and conclusions through:
1.
A resolution adopted at a meeting held within the time period provided in the act for action by the municipal agency on the application for development; or
2.
A memorializing resolution adopted at a meeting held not later than forty-five (45) days after the date of the meeting at which the municipal agency voted to grant or deny approval. Only the members of the municipal agency who voted for the action taken may vote on the memorializing resolution, and the vote of a majority of such members present at the meeting at which the resolution is presented for adoption shall be sufficient to adopt the resolution. An action pursuant to N.J.S.A. 40:55D-9 resulting from the failure of a motion to approve an application, shall be memorialized by resolution as provided above, with those members voting against the motion for approval being the members eligible to vote on the memorializing resolution. The vote of any such resolution shall be deemed to be a memorialization of the action of the municipal agency and not to be an action of the municipal agency; however, the date of the adoption of the resolution shall constitute the date of the decision for purposes of the mailings, filings and publications required by this section. If the municipal agency fails to adopt a resolution or memorializing resolution as hereinabove specified, any interested party may apply to the Superior Court in a summary manner for an order compelling the municipal agency to reduce its findings and conclusions to writing within a stated time and the cost of the application, including attorney's fees, shall be assessed against the municipality.
i.
A copy of the decision shall be mailed by the municipal agency within ten (10) days of the date of decision to the applicant or if represented then to his or her attorney, without separate charge, and to all who request a copy of the decision for a reasonable fee. A copy of the decision shall also be filed by the municipal agency in the office of the Administrative Officer. The Administrative Officer shall make a copy of such filed decision available to any interested party for a reasonable fee and available for public inspection at his or her office during reasonable hours.
j.
A brief notice of the decision shall be published in the official newspaper of the municipality. Such publication shall be arranged by the applicant unless a particular municipal officer is so designated by ordinance, provided that nothing contained in this chapter shall be construed as preventing the applicant from arranging such publication if he so desires. The municipality may make a reasonable charge for its publication. The period of time in which an appeal of the decision may be made shall run from the first publication of the decision, whether arranged by the municipality or the applicant.
§ 13-72.3 Notice of Applications.
[Ord. No. 96/4 § 13-72.3; Ord. No. 2015-10 § 7; Ord. No. 2017-03]
a.
Public notice of a hearing shall be given by the applicant for the following applications for development:
1.
Any request for a variance.
2.
Any request for conditional use approval.
3.
Any request for issuance of a permit to build within the bed of a mapped street or public drainageway or on a lot not abutting a street.
4.
Any request for approval of a site plan and/or subdivision except minor site plans or minor subdivisions.
5.
Any request for approval of a planned development.
6.
Notice of Interpretation of the Zoning Ordinance or Zoning Map pursuant to N.J.S.A. 40:55D-70(b).
7.
Any appeal of a decision of the Zoning Official pursuant to N.J.S.A. 40:55D-70(a).
[Added 7-2-2018 by Ord. No. 2018-06]
b.
The Secretary of the Planning Board shall notify the applicant at least two (2) weeks prior to the public hearing at which the application will be discussed. Notice of a hearing requiring public notice shall be given by the applicant at least ten (10) days prior to the date of the hearing in the following manner:
1.
By publication in the official newspaper of the Township.
2.
To all owners of real property as shown on the current tax duplicate, located in the State and within two hundred (200) feet in all directions of the property which is the subject of such hearing, 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 shall be given by serving a copy thereof on the property owner as shown on said current tax duplicate or his or her agent in charge of the property or mailing a copy thereof by certified mail to the property owner at his or her address as shown on said current tax duplicate.
3.
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, a vice president, secretary or other person authorized by appointment or by law to accept service on behalf of the corporation. Notice to a condominium association, horizontal property regime, community trust or homeowners' association, because of its ownership of common elements or areas located within two hundred (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.
4.
To the Clerk of any adjoining municipality or municipalities when the property involved is located within two hundred (200) feet of said adjoining municipality or municipalities. Notice shall be given by personal service or certified mail.
5.
To the Warren County Planning Board when the application for development involves property adjacent to an existing county road or proposed road as shown on the County Official Map or the County Master Plan, adjoining other County land or situated within two hundred (200) feet of a municipal boundary. Notice shall be given by personal service or certified mail.
6.
To the Commissioner of Transportation of the State of New Jersey when the property abuts a State highway. Notice shall be given by personal service or certified mail.
7.
To the Director of the Office of State Planning when the hearing involves an application for the development of property which exceeds one hundred fifty (150) acres or five hundred (500) dwelling units, in which case the notice shall include a copy of any maps or documents required to be on file with the Administrative Officer. Notice shall be given by personal service or certified mail.
8.
To a public utility, cable television company or local utility which possesses a right-of-way or easement within the municipality and which has registered with the municipality in accordance with N.J.S.A. 40:55D-12.1 by (1) serving a copy of the notice on the person whose name appears on the registration form on behalf of the public utility, cable television company or local utility or (2) mailing a copy thereof by certified mail to the person whose name appears on the registration form at the address shown on that form.
c.
Upon the written request of an applicant, the Township Tax Collector shall, within seven (7) days, make and certify a list from current tax duplicates of names and addresses of owners within the Township to whom the applicant is required to give notice. Failure to give notice to any lot owner not on the list obtained in such manner shall not invalidate any hearing or proceeding. A sum, not to exceed the maximum set forth in N.J.S.A. 40:55D-12c, shall be charged for such list.
d.
The applicant shall be responsible for giving proper notice to all property owners.
e.
The applicant shall file an affidavit of proof of service with the Planning Board.
f.
The notice shall state the date, time and place of the hearing and the nature of the matters to be discussed, including a precise description of any requested variances or design standards waivers; an 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 Township Tax Assessor's office; and the location and times at which any maps or documents for which approval is sought are available for inspection.
§ 13-73 APPEAL OF DECISIONS.
[Ord. No. 96/4 § 13-73]
a.
Any interested party desiring to appeal a final decision of the Planning Board sitting as the Zoning Board of Adjustment approving a use variance may appeal to the Township Committee.
[Amended 6-1-2017 by Ord. No. 1973]
b.
Such appeal shall be made within ten (10) days of the date of publication of such final decision. The appeal to the Township Committee shall be made by serving the Township Clerk in person or by certified mail with a notice of appeal specifying the grounds thereof and the name and address of the appellant and the name and address of his or her attorney, if represented.
c.
The appellant shall either within five (5) days of serving notice of the appeal, arrange for a transcript for use by the Township Committee and pay a deposit of fifty ($50.00) dollars or the estimated cost of such transcription, whichever is less, provided that the charge by the Township to the applicant for the transcript shall not exceed the maximum permitted in N.J.S.A. 2A:11-15; or within thirty-five (35) days of serving notice of the appeal, submit a transcript to the Township Clerk for use by the Township Committee. Should the appellant neither arrange for nor submit a transcript as provided hereinabove, the Township Committee may dismiss the appeal for failure to prosecute. All transcripts shall be certified in writing by the transcriber to be accurate.
d.
Notice of the meeting to review the record below shall be given by the Township Committee by personal service or certified mail to the appellant, to those entitled to notice of a decision and to the Zoning Board of Adjustment, at least ten (10) days prior to the date of the meeting. The appeal shall be decided by the Township Committee only upon the record established before the Zoning Board of Adjustment. The parties shall submit written arguments on the record at least two (2) weeks prior to the Township Committee meeting and may submit oral arguments at such meeting. The Township Committee shall provide for verbatim recording and transcript of such meeting.
e.
The Township Committee shall conclude a review of the record below not later than ninety-five (95) days from the publication of the notice of the subject decision of the Zoning Board of Adjustment, unless the appellant consents, in writing, to an extension of such period. Failure of the Township Committee to hold a hearing and conclude a review of the record below and to render a decision within such specified period without such written consent of the appellant shall constitute a decision affirming the action of the Zoning Board of Adjustment.
f.
The Township Committee, by the affirmative vote of a majority of its full authorized membership, may reverse, remand or affirm, wholly or in part, or may modify the final decision of the Zoning Board of Adjustment.
g.
An appeal to the Township Committee shall stay all proceedings in furtherance of the action in respect to which the decision appealed from was made, unless the Board of Adjustment certifies to the Township Commit-tee, after the notice of appeal shall have been filed with the Board, that, by reason of facts stated in the certificate, a stay would, in its opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed other than by an order of the Superior Court on application upon notice to the Board from whom the appeal is taken and on good cause shown.
§ 13-74 FEES.
[Ord. No. 96/4 § 13-74; Ord. No. 2017-03]
Fees for applications or for the rendering of any services by the Planning Board or any member of their administrative staffs shall be as provided in the Fee Ordinance of Hardwick Township.
§ 13-75 APPLICATION BY CORPORATION OR PARTNERSHIP.
[Ord. No. 96/4 § 13-75; Ord. No. 2017-03]
a.
A corporation or partnership applying to the Planning Board for permission to subdivide a parcel of land into six (6) or more lots, or applying for a variance to construct a multiple dwelling of twenty-five (25) or more family units or for approval of a site to be used for commercial purposes shall list the names and addresses of all stockholders or individual partners owning at least ten (10) percent of its stock of any class or at least ten (10) percent of the interest in the partnership, as the case may be.
b.
If a corporation or partnership owns ten (10) percent or more of the stock of a corporation or interest of ten (10) percent or greater in a partnership, either of which is subject to disclosure pursuant to N.J.S.A. 40:55D-48.2, that corporation or partnership shall list the names and addresses of its stockholders holding ten (10) percent or more of its stock or interest of ten (10) percent or greater in the partnership, as the case may be; and this requirement shall be followed by every corporate stock-holder or partner in said partnership until the names and addresses of the non-corporate stockholders and individual partners exceeding the ten (10) percent ownership criterion act have been listed.
c.
The Planning Board or governing body shall not approve the application of any corporation or partnership which does not comply with this chapter.
d.
Any corporation or partnership which conceals the names of the stockholders owning ten (10) percent or more of its stock or of the individual partners owning an interest of ten (10) percent or greater in the partnership, as the case may be, shall be subject to a fine of one thousand ($1,000.00) dollars to ten thousand ($10,000.00) dollars, which shall be recovered in the name of Hardwick Township in any court of record in the State in a summary manner pursuant to the Penalty Enforcement Law (N.J.S.A. 2A:58-1 et seq.).