Hazlet Township City Zoning Code
ARTICLE VI
Agency Establishment and Rules
§ 181-600 ESTABLISHMENT OF THE TOWNSHIP OF HAZLET LAND USE BOARD.
A.
Land Use Board Established.[1]
There is hereby established in the Township of Hazlet, pursuant to N.J.S.A. 40:55D-23 and N.J.S.A. 40:55D-25 a board entitled the Township of Hazlet Land Use Board consisting of nine regular members consisting of the following four classes:
[Ord. No. 1512-2013]
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 Governing Body, to be appointed by the Mayor.
3.
Class III: A member of the Governing Body to be appointed by it.
4.
Class IV: Other citizens of the municipality, to be appointed by the Governing Body.
5.
Alternates. The Governing Body shall have the authority to appoint up to four alternate members who shall meet the qualifications of Class IV members and shall be designated at the time of appointment as Alternates No. 1 through 4. Alternate members may participate in discussions of the board proceedings, but may not vote, except in the absence or disqualification of a regular member of any class. The term of a Class IV alternate member shall be two years.
6.
The phrase "Land Use Board" replaces the phrases "Planning Board," "Zoning Board of Adjustment," "Zoning Board" or "Board of Adjustment" wherever these phrases appear in the General Ordinance of the Township of Hazlet.
[1]
Editor’s Note: Ordinance No. 1515-2013, which proposed the ballot question on establishment of the Land Use Board was adopted on March 5, 2013. The public question passed at the November 5, 2013, General Election.
B.
Terms of Membership.
1.
The term of the member composing Class I shall correspond with his or her official tenure.
2.
The terms of the members composing Class II and Class III shall be for one year or terminate at the completion of their respective terms of office, whichever occurs first, except for the Class II member who is also a member of the Environmental Commission. The term of a Class II or a Class IV member who is also a member of the Environmental Commission shall be for three years or terminate at the completion of his term of office as a member of the Environmental Commission, whichever comes first.
3.
The term of a Class IV member who is also a member of the Board of Education, shall terminate whenever he or she is no longer a member of any such body or at the completion of the Class IV term, whichever occurs first.
4.
The term of each Class IV regular member shall be four years.
5.
The terms of the Class IV alternate members shall be two years, except that the terms of the alternate members shall be such that the term of not more than two alternate members shall expire in any one year. (N.J.S.A. 40:55D-23.1)
C.
Role of Alternate Members. Alternate members may participate in discussions of the proceedings, but may not vote except in the absence or disqualification of a regular member of any class. A vote shall not be delayed in order that a regular member may vote instead of an alternate member. In the event that a choice must be made as to which alternate member is to vote, "Alternate No. 1" shall vote.
D.
Vacancies. If a vacancy of any Class of a regular or alternate member shall occur other than at the expiration of term, it shall be filled by appointment as above provided for the unexpired term only.
E.
Compensation. Members of the Land Use Board shall serve without compensation except that reimbursement of reasonable expenses in the execution of official duties may be made by the municipality.
F.
Removal. Any member other than a Class I member may be removed by the Governing Body for cause but only after public hearing and other due process proceedings.
G.
Conflict. No regular or alternate member of the Land Use Board shall be permitted to act on any matter in which he or she has either directly or indirectly any personal or financial interest. No member who is so disqualified may act on that particular matter, shall not continue to sit with the Board on hearing of such matter, nor shall participate in any discussion or decision.
H.
(Reserved)
I.
Reorganization. Yearly, the Land Use Board shall organize by selecting from among its Class IV regular members a Chairman and Vice Chairman. The Board shall also select a Secretary who may be either a member of the Board or a municipal employee.
J.
Funding. The Township Committee shall make provisions in its budget and appropriate funds for the expenses of the Land Use Board.
K.
Board Attorney. The Land Use 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 attorney. The adoption of this Ordinance shall not be construed to affect any existing appointment.
L.
Staff. The Land Use Board may also employ or contract for and fix compensation of such experts and other staff and services as it may deem necessary. The appointment and compensation shall be fixed by contract in compliance with N.J.S.A. 40A:11-5. The Board shall not, however, exceed, exclusive of gifts or grants, the amount appropriated by the Governing Body for such purpose.
M.
Education Requirements. Members of the Planning Board are required to complete the course on land use law as required by N.J.S.A. 40:55D-23.3.
§ 181-601 POWERS AND JURISDICTION OF THE LAND USE BOARD.
[Ord. No. 1512-2013]
A.
The Land Use Board shall have and exercise all of the powers, duties and procedures prescribed or necessarily implied by the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq. for planning boards and shall have further powers, duties and procedures prescribed by ordinance adopted pursuant to the Municipal Land Use Law.
B.
In addition to the powers set forth in subsection A., the Land Use Board shall exercise, to the same extent and subject to the same restrictions, all of the powers of a board of adjustment; but the Class I and the Class III members shall not participate in the consideration of applications for development which involve relief pursuant to subsection (d) of N.J.S.A. 40:55D-70.
C.
The Land Use Board shall have the powers listed below in addition to other powers established by law:
1.
Make, adopt, and from time to time, amend a master plan for the physical development of the municipality, including any areas outside its boundaries that, in the Board's judgment, bear essential relation to the planning of the municipality;
2.
Participate in the preparation and review of programs or plans required by State or Federal law or regulation;
3.
Assemble data on a continuing basis as part of a continuous planning process;
4.
Annually, prepare a program of municipal capital improvements projects projected over a term of six years and amendments thereto and recommend same to the Township Committee;
5.
Consider and make report to the Township Committee within 35 days after referral as to any proposed development regulation submitted to it and also pass upon other matters specifically referred to the Land Use Board by the Township Committee;
6.
Prepare, at least every six years, a periodic reexamination of the Master Plan;
7.
To perform such other advisory duties as are assigned to it by ordinances or resolution of the Governing Body for the aid and assistance of the Governing Body by other agencies or officers;
8.
The Land Use Board shall have such other powers as prescribed by law, including, but not limited to, the power to grant the following variances, to the same extent and subject to the same restrictions as the Land Use Board acting as the Zoning Board of Adjustment, when the Land Use Board is reviewing applications for approval of subdivision plans, site plans or conditional uses:
a.
Variances pursuant to N.J.S.A. 40:55D-70a-c;
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 drainage way, flood control basin or public area; and
c.
Direction pursuant to N.J.S.A. 40:55D-35 for issuance of a permit for a building or structure on a lot not abutting a street.
Advisory Committee |
The Mayor may appoint one or more persons as a Citizens Advisory committee to assist or collaborate with the Land Use Board in its duties, but such person or persons shall have no power to vote or take other action required of the Board. Such person or persons shall serve at the pleasure of the Mayor. |
Environmental Commission. |
Whenever the Environmental Commission has prepared and submitted to the Land Use Board and the Board of Adjustment an index of the natural resources of the Municipality, the Land Use Board shall make available to the Environmental Commission an informational copy of every application for development to either Board. Failure of the Land Use Board to make such informational copy available to the Environmental Commission shall not invalidate any hearing or proceeding. |
§ 181-602 (RESERVED)
Former Section 181-602, Establishment of the Zoning Board of Adjustment was repealed in its entirety by Ordinance No. 1512-2013 which created a Land Use Board to exercise all powers and duties of a planning board and board of adjustment.
§ 181-603 POWERS AND JURISDICTION OF THE LAND USE BOARD ACTING AS THE ZONING BOARD OF ADJUSTMENT.
The Land Use Board acting as the Zoning Board of Adjustment shall have the power to:
A.
Hear and decide appeals where it is alleged by the appellant that there is error in any order, requirement, decision, or refusal made by the Administrative Officer based on or made in enforcement of the Development Review Ordinance.
B.
Hear and decide requests for interpretation of the Zoning Map or Development Review Ordinance or for decisions upon other special questions upon which the Board is authorized to pass on any Zoning or Official Map Ordinance.
C.
Grant a variance from the strict application of a regulation, upon an application or an appeal, so as to relieve difficulties or hardships.
D.
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 zoning regulation would result in peculiar and exceptional practical difficulties to, or exceptional and undue hardship upon the developer of such property; or
E.
Where in an application or appeal relating to a specific piece of property the purposes of the Municipal Land Use Law and this Ordinance set forth in Article would be advanced by deviation from the Development Review Ordinance requirements and the benefits of the deviation would substantially outweigh any detriment, grant a variance to allow the departure from zoning regulations; provided, however, that no variance from those departures enumerated in the following subsection shall be granted under this section; 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.
F.
Grant a variance to allow a departure from the zoning regulations, in particular cases and for special reasons to permit:
G.
A use or principal structure in a district restricted against such use or principal structure;
H.
An expansion of a non-conforming use;
I.
Deviation from a specification or standard pertaining solely to a conditional use;
J.
An increase in the permitted floor area ratio;
K.
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
L.
A height of a principal structure that exceeds by 10 feet or 10% the maximum height permitted in the district for a principal structure.
M.
A variance under this subsection shall be granted only by the affirmative vote of at least five members.
N.
The Land Use Board acting as the Zoning Board of Adjustment shall, at least once a year, review its decisions on applications and appeals for variances and prepare and adopt by resolution a report of its findings on Land Development Ordinance provisions which were the subject of variance requests and its recommendations for Land Development Ordinance amendment or revision, if any. The Land Use Board acting as the Zoning Board of Adjustment shall send copies of the report and resolution to the Township Committee.