A.

Establishment of Planning Board.

1.

Membership. The City of Jersey City Planning Board shall consist of nine members of the following four classes:

a.

Class I: The Mayor or Mayor's designee.

b.

Class II: One of the officials of the City, other than a member of the City Council, to be appointed by the Mayor.

c.

Class III: A member of the City Council to be appointed by the City Council.

d.

Class IV: Six other residents of the City 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 Board of Adjustment. Not more than one Class IV member may be a member of the Board of Education. For the purpose of this section, membership on a City 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 City office.

e.

Alternate Members. Two alternate members shall be appointed and shall meet the qualifications of Class IV members. Alternate members shall be appointed for a term of two years, and at the time of their appointments shall be designated Alternate No. 1 and Alternate No. 2, respectively. Alternate members may participate in discussions of the proceedings but may not vote except in the absence or disqualification of a regular member. 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. I shall vote.

2.

Terms. The term of the Class I member shall correspond to his or her official tenure as Mayor. The terms of the members composing Class II and Class Ill shall be for one year or terminate at the completion of their respective terms of office, whichever occurs 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 or she is no longer a member of such other body or at the completion of his or her Class IV term, whichever occurs first. The term of all other Class IV members shall be four 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.

3.

Substitute Members When Conflict Exists. If the Planning Board lacks a quorum because any of its members are prohibited by a conflict of interest 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 Chairperson of the Board of Adjustment shall make the choice.

4.

Organization. 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.

5.

Legal Counsel and Other Professional Staff. The Planning Board may annually appoint an attorney at law of New Jersey other than the Municipal Attorneys as Planning Board Attorney and may fix his or her compensation at an amount not exceeding the amount appropriated. 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 City Council for its use.

6.

Conflict of Interest. No member of the Planning Board shall be permitted to act on any matter in which he has any personal or financial interest, either directly or indirectly.

7.

Removal. Any member other than a Class I member, after a public hearing, if requested, may be removed by the City Council for cause.

B.

Powers and Jurisdiction of Planning Board.

1.

Mandatory Powers. The Planning Board shall exercise its powers in accordance with the Municipal Land Use Law in regard to:

a.

The City Master Plan pursuant to N.J.S.A. 40:55D-28.

b.

Subdivision and site plan review pursuant to the Land Development Ordinance.

c.

Any official map adopted by the City Council pursuant to N.J.S.A. 40:55D-32 et seq.

d.

The zoning ordinance including conditional uses pursuant to the land development ordinance.

e.

Any capital improvements programs pursuant to N.J.S.A. 40:55D-29 et seq.

f.

Variances and certain building permits in conjunction with subdivision, site plan and conditional use approval pursuant to this section.

2.

Other Powers. The Planning Board may:

a.

Participate in the preparation and review of programs or plans required by State or Federal law or regulation.

b.

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

c.

Perform such other duties as are assigned to it by ordinance or resolution of the City Council.

3.

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:

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 drainage way, flood control basin or public area reserved pursuant to N.J.S.A. 40:55D-32.

c.

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.

4.

Referral Powers of the Planning Board. Prior to the adoption of a development regulation, revision or amendment thereto, the Planning Board shall make and transmit to the City Council, 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 City Master Plan and recommendations concerning these inconsistencies and any other matters as the Board deems appropriate. The City Council, 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 City Council 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.

5.

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 committee shall have no power to vote or take other action required of the Board. Such persons shall serve at the pleasure of the Mayor.

A.

Establishment of Zoning Board of Adjustment. [Amended 3-25-2015 by Ord. No. 15-032]

1.

Membership. The City of Jersey City Zoning Board of Adjustment (herein referred to as the Board of Adjustment), shall consist of seven (7) regular members and four (4) alternate members, each of whom shall be residents of the City and shall be appointed by the Mayor. All regular members appointed shall serve for terms of four (4) years beginning June 30 of the year of their appointment.

2.

Alternate Members. Alternate members shall be appointed for a term of two (2) years, and at the time of their appointments shall be designated Alternate No. 1, Alternate No. 2, Alternate No. 3, and Alternate No. 4, respectively. The terms of not more than two (2) alternate members shall expire in any one (1) year. Alternate members may participate in discussions of the proceedings but may not vote except in the absence or disqualification of a regular member. 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 members shall vote in the order of their numerical designations.

3.

Other Municipal Office. No member of the Board of Adjustment shall hold any elective office or position under the municipality. This includes city employees and non-elected officials.

4.

Conflict of Interest. No member of the Board of Adjustment shall be permitted to act on any matter in which he or she has, either directly or indirectly, any personal or financial interest.

5.

Removal. A member, after a public hearing if requested, may be removed by the City Council for cause. A vacancy occurring otherwise than by expiration of term shall be filled for the unexpired term only.

6.

Election of Officers. The Board of Adjustment shall annually elect a Chairperson and Vice Chairperson from its members and a Secretary who may or may not be a member of the Board or a municipal employee.

7.

Substitute Members when Conflict Exists. If the Board of Adjustment lacks a quorum because its regular or alternate members are prohibited by N.J.S.A. 40:55D-69 from acting on a matter due to the member's personal or financial interest, Class IV members of the Planning Board shall be called upon to serve, for that matter only, as temporary members of the Board of Adjustment. The Class IV members of the Planning Board shall be called upon to serve in order of seniority of continuous service to the Planning Board 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 Class IV members of equal seniority, the Chairperson of the Planning Board shall make the choice.

8.

Legal Counsel and Other Professional Staff. The Board of Adjustment may employ or contract for and fix the compensation of legal counsel, other than the Municipal Attorneys, and experts and other staff and services as it shall deem necessary, not exceeding, exclusive of gifts and grants, the amount appropriated by the City Council for its use.

B.

Powers and Jurisdiction of Zoning Board of Adjustment.

1.

The Board of Adjustment shall have the following powers:

a.

Appeals. 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 the Zoning Officer or any other City Official, based on or made in the enforcement of the zoning ordinance.

b.

Interpretations. Hear and decide requests for interpretation of the Zoning Map or Ordinance or for decisions upon other special questions upon which such Board is authorized to pass by any Zoning or Official Map Ordinance in accordance with the Municipal Land Use Law.

c.

Bulk and Dimensional Variances:

i.

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, the Board may 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; or

ii.

Wherein an application or appeal relating to a specific piece of property the purposes of zoning set forth in N.J.S.A. 40:55D-2 would be advanced by a deviation from the zoning ordinance requirements and the benefits of the deviation would substantially outweigh any detriment, the Board may grant a variance to allow departure from such zoning requirements, provided, however, that the fact that a proposed use is an inherently beneficial use shall not be dispositive of a decision on a variance under this subsection, and provided that no variance from those departures enumerated in 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 the power to review a request for a variance pursuant to N.J.S.A. 40:55D-6Oa.

d.

"d" Variances. Pursuant to N.J.S.A. 40:55D-70:d, In particular cases and for special reasons, the Board may grant a variance to allow departure from zoning regulations to permit (i) a use or principal structure in a district restricted against such use or principal structure, (ii) an expansion of a non-conforming use, (iii) deviation from a specification or standard pursuant to N.J.S.A. 40:55D-67 pertaining solely to a conditional use, (iv) an increase in the permitted floor area ratio as defined in N.J.S.A. 40:55D-4, (v) an increase in the permitted density as defined in N.J.S.A. 40:55D-4 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 (vi) a height of a principal structure which exceeds by ten (10) feet or ten percent (10%) the maximum height permitted in the district for a principal structure. A variance under this subsection shall be granted only by an affirmative vote of at least five members.

2.

Relief Not Enumerated as a "d" Variance to be Decided Under Bulk and Dimensional Variance Criteria. If an application for development requests one or more variances but not a "d" variance, the decision on the requested variance or variances shall be rendered under the bulk and dimensional variance criteria.

3.

Requirement for Showing of No Substantial Detriment. No variance or other relief may be granted under the terms of this section, including a variance or other relief involving an inherently beneficial use, without a showing that 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 ordinance.

4.

Referral of Application to Other Agencies. An application under this section 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.

5.

Additional Powers. The Zoning Board of Adjustment shall have the following additional powers:

a.

To direct 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 pursuant to N.J.S.A. 40:55D-32.

b.

To direct issuance of a permit pursuant to N.J.S.A. 40:55D-36 for a building or structure not related to a street.

c.

To grant to the same extent and subject to the same restrictions as the Planning Board subdivision or site plan approval or conditional use approval whenever the proposed development requires approval by the Board of Adjustment of a variance pursuant to this section of this ordinance. The developer may elect to submit a separate application requesting approval of the variance and a subsequent application for any required approval of a subdivision, site plan or conditional use. The separate approval of the variance shall be conditioned upon grant of all required subsequent approvals of a site plan or subdivision by the Board of Adjustment. No such subsequent approval shall be granted unless such approval can be granted without substantial impairment to the public good and without substantial impairment to the intent and purpose of the zone plan and zoning ordinance. The number of votes of Board members required to grant any such subsequent approval shall be as otherwise provided in this Chapter for the approval in question, and the special vote pursuant to N.J.S.A. 40:55D-70d shall not be required.

C.

Annual Report on Variances Heard by Zoning Board of Adjustment. The 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 zoning ordinance provisions which were the subject of variance requests and its recommendations for zoning ordinance amendment or revision, if any. The Board of Adjustment shall send copies of the report and resolution to the City Council and Planning Board.

A.

Establishment of Historic Preservation Commission.

1.

Membership and Terms.

a.

The Historic Preservation Commission (HPC) shall consist of eleven (11) members of whom nine shall be regular members and two shall be alternate members. Each member shall be appointed by the Mayor. At least four of the regular members shall be of and designated as Class A and B. The remaining regular members may be of and shall be designated as Class C. The two alternate members shall meet the qualifications of Class C and shall be designated Alternate No. 1 and Alternate 2. The Classes are defined as:

i.

Class A — A person who is knowledgeable in building design and construction or architectural history and who may reside outside the city.

ii.

Class B — A person who is knowledgeable of, or who has a demonstrated interest in local history and who may reside outside the city.

iii.

Class C — Any citizen of the City who shall hold no other municipal office, position or employment except for membership on the Planning Board or Board of Adjustment.

b.

All appointments of regular members shall be for a term of four years or until the appointment and qualification of a successor.

c.

Alternate members shall meet the qualifications of Class C members. At the time of appointment, alternate members shall be designated as "Alternate No. 1" and "Alternate No. 2."

d.

All appointments of alternate members shall be for a term of two years or until the appointment and qualification of a successor.

e.

Not withstanding any other provision contained in this Ordinance, the term of any member who is also a member of the Planning Board or Board of Adjustment shall be coterminous with his or her membership on such Board.

f.

Terms shall commence on April 1 or each respective year.

g.

A vacancy occurring otherwise than by expiration of term shall be filled for the unexpired term only. All vacancies shall be filled with qualified members within sixty (60) days.

2.

Rules and Organization.

a.

The HPC shall elect a Chairperson, Vice Chairperson and a Secretary who may or may not be a member of the Historic Preservation Commission or a municipal employee.

b.

Alternative members may participate in discussion of the proceedings but may not vote except in the absence or disqualification of a regular member. A vote shall not be delayed in order that a regular member may vote instead of an alternative member. In the event that a choice must be made as to which alternative member is to vote, Alternative No. 1 shall vote.

c.

The HPC shall establish a regular schedule of meetings, at least once a month or as often as required to meet the needs of its business, to handle emergencies, or to meet time constraints imposed by law. Additional meetings may be called by the Chairperson or Vice Chairperson when the regular meetings are inadequate to meet the needs of its business or to meet time constraints imposed by law.

d.

Five members shall constitute a quorum. A majority vote of those present and voting shall prevail; except that not less than five affirmative votes may approve an application for historic designation or Certificate of Appropriateness.

e.

The HPC's Secretary shall keep minutes and records of all meetings and proceedings, including voting records, attendance, resolutions, findings, determinations, decisions and applications. All HPC records and minutes shall be made public records as provided by law and shall be available at the City Planning Office.

f.

The HPC shall establish a regular schedule of meetings on at least a monthly basis. Additional meetings may be called by the Chairperson or Vice Chairperson when the regular meetings are inadequate to meet the needs of its business or to meet time constraints imposed by law. All HPC meetings shall comply with the Open Public Meetings Act, N.J.S.A. 10:4-7, et seq. and public notice of the time, date and subject of the meeting, by way of newspaper, shall be given at least forty-eight (48) hours in advance of any meeting. The HPC shall adopt written by-laws and procedures for the transaction of its business and for the consideration of applications. Such by laws shall not be inconsistent with the provisions of this chapter and shall include, but not be limited to, rules pertaining to all notices and hearings required herein. All rules of procedure shall be available to the public.

g.

No member shall be permitted to act on any matter in which he or she has, either directly or indirectly, any personal or financial interest. A member may be removed after a public hearing for cause.

h.

The Mayor, Director of City Planning and the Construction Official shall be ex-officio members. Ex-officio members cannot vote.

3.

Expenses and Costs; Employment of Experts and Staff. The City Council shall make provision in its budget and appropriate funds for the expenses of the HPC. The HPC may employ, contract for and fix the compensation of experts and other staff and services as it shall deem necessary provided that the necessary funding is provided for within the municipal budget. The HPC shall obtain its legal counsel from the City Attorneys at the rate of compensation determined by City Council unless City Council, by appropriation, provides for separate legal counsel for the commission. Expenditures pursuant to this subsection shall not exceed, exclusive of gifts or grants, the amount appropriated by the City Council for the Commission's use.

B.

Powers and Duties of Historic Preservation Commission.

1.

To identify, record and maintain a system for survey an inventory of all buildings, sites, places, structures, objects or landscape features of significant historical or architectural value based standards of the United States Department of the Interior and to aid the public in understanding their worth, methods of preservation, techniques of documentation and related matters. The Commission shall be guided by the standards of the United States Department of the Interior.

2.

To undertake to maximize the entire City's knowledge and enjoyment of these historic resources and, as appropriate, promote this asset beyond the boundaries of the City.

3.

To advise the City Council and Planning Board of the relative merits of proposals involving public funds to restore, preserve and protect landmark buildings, places and structures, sites, objects and landscape features including the preparation of a long-range plan therefore, securing state, federal and other grants and aid to assist therein and monitoring such projects once underway.

4.

To advise and assist City officers, employees, boards and other bodies, including those at County, regional, State and Federal levels, on all matters which have potential impact on the landmark buildings, sites, structures, object or landscape features in the City or on the ambience of a historic district.

5.

To recommend to the Planning Board and the City Council the establishment and boundaries of additional historic districts where appropriate.

6.

To recommend to the Zoning Board of Adjustment and the Planning Board the grant or denial of development applications where such are deemed to be within the intent and purposes of this Article.

7.

To assemble and arrange for the proper care, cataloging and availability of materials relevant to the City's history.

8.

To maintain a system for the survey and inventory of historic resources that is compatible and coordinated with the statewide Inventory of the Office of New Jersey Heritage.

9.

To cooperate with local, County, State or national societies, governmental bodies and organizations to maximize their contributions to the intent and purposes of this Article.

10.

To recommend to applicable County, State and Federal agencies, where appropriate, recognition of historic districts and Landmark buildings, places and structures.

11.

To request the City Council to seek, on its own motion or otherwise, injunctive relief of violations of this Article or other actions contrary to the intent and purpose of this Article.

12.

To make recommendations to the Planning Board on the Historic Preservation Land Use and Community Facilities Plan elements of the Master Plan and on the implications for preservation of landmark, historic districts or any other Master Plan elements.

13.

To advise the Planning Board on the inclusion of historic districts or landmarks in the recommended capital improvement program.

14.

To provide the Administrative Officer with written reports on the application of the Zoning Ordinance provisions concerning historic preservation.

15.

To carry out such other advisory, educational and informational functions as will promote historic preservation in the municipality.

16.

To review all proposed National Register nominations in accordance with New Jersey's Certified Local Government Guidelines.

17.

To issue Certificates of Appropriateness or Certificates of No Effect in accordance with the rules and standards set forth herein.

C.

Administrative Officer Designated for Historic Preservation. The City's Zoning Officer shall act as the Administrative Officer with respect to administering the historic preservation provisions of the Land Development Ordinance.

D.

City Historic Preservation Specialist.

1.

The City Historic Preservation Specialist shall advise the Historic Preservation Commission on each application that shall come before the Commission. In addition to serving as advisory to the Commission, the City Historic Preservation Specialist has responsibility for coordinating the City's preservation activities with those of State and Federal agencies and with local, state and national preservation organizations in the private sector.

2.

The Historic Preservation Specialist may recommend to the City Council buildings, sites, structures and districts for Council resolution directing the Historic Preservation Commission to review and comment for possible designation.

3.

The City Historic Preservation Specialist may also recommend to the Commission buildings, objects, sites, structures and districts for nomination to the State and/or National Register of Historic Places.

4.

The City Historic Preservation Specialist shall be an employee of Division of City Planning whose minimal professional qualifications meet the standards of the Historic Preservation Specialist within the New Jersey Department of Personnel.

A.

Establishment of Environmental Commission. There is hereby created, pursuant to N.J.S.A. 40:56A-1 et seq., the Jersey City Environmental Commission, to act and exercise the powers and function as set forth herein. [Amended 9-23-2014 by Ord. No.14-105]

1.

Membership and Terms.

a.

The Jersey City Environmental Commission shall consist of seven members and two alternates to be appointed by the Mayor, who shall designate one of the members to serve as Chairperson and presiding officer. All members and alternates must be residents of the City of Jersey City. Each ward of the city shall be represented by at least one member. No ward shall have more than two members and alternates combined. One of the members shall also be a member of the Planning Board and one a member of the City Council. At least three members shall be professional environmental scientists, geologists, toxicologists, botanists or other environmental specialists. All members and alternates shall serve without compensation.

b.

Each member of the Environmental Commission shall be appointed for a term of three years. All appointments to fill vacancies that may occur shall be for the unexpired term of the vacating member.

2.

Removal. The Mayor may remove any member of the Commission for cause, on written charges. Such written charges must be served upon the member, and after a hearing on the allegations the member shall be entitled to be heard in person or by counsel.

3.

Purpose of the Environmental Commission.

a.

Promote the protection and conservation of land, air, water and other natural resources within the territorial limits of the City. Such promotion shall consist of educating the public and advising the city government about the best methods for protecting and conserving these resources.

b.

Assist the City in the proper development and use of these resources by coordinating the planning efforts of the various departments, agencies and agents who provide environmental services.

c.

Promote the protection of the public health by educating the public and advising City government about environmental health hazards.

d.

Conduct research into the use and possible use of open land areas of Jersey City and:

i.

Have the power to coordinate the activities of unofficial bodies organized for similar purposes.

ii.

Keep an index of all open areas whether publicly or privately owned, including open marshlands, swamps and other wetlands, in order to obtain information on the proper use of such areas.

iii.

Have the authority to recommend to the Planning Board plans and programs for the development and use of such areas for inclusion in the Jersey City Master Plan.

e.

Advertise, prepare, print and distribute books, maps, charts, plans and pamphlets which it deems necessary for its purpose.

f.

Study and make recommendations concerning open space preservation, water resources management, air pollution control, solid waste management, noise control, environmental appearance, marine resources, protection of flora and fauna and any other environmental concerns which affect the enjoyment and health of the public.

g.

Refer matters to the proper City authorities whenever violations of environmental law come to its attention.

h.

Keep records of its meetings and activities and shall make an annual report to the City Council.

i.

Assist in the formulation of funding plans submitted to the Green Acres/Green Trust program of the New Jersey Department of Environmental Protection.

j.

Advise the Planning Board and Board of Adjustment as to the environmental impact of development projects which would use an average of at least ten thousand (10,000) gallons of water per day.

k.

Delegate an environmental commissioner to be a permanent member of the Local Emergency Planning Council (per federal P.L. 99-499) and delegate other Commissioners to be members of the other municipal environmental bodies as the City creates from time to time.

l.

Act and serve as the official Jersey City Sustainable Green Team that is responsible for pursuing and maintaining the City's Sustainable Jersey Certification through collaboration with the municipality and public to develop and support sustainable initiatives for the City.

B.

Clerical and Technical Assistance.

1.

For the purpose of effectuating the goals of this chapter, the Environmental Commission shall have such clerical and technical assistance, materials, supplies and provisions for such other costs and expenses of the Commission as shall annually be budgeted by the Office of the Mayor and approved by City Council.

2.

The Commission may appoint such clerks and other employees as it may from time to time require and as shall be within the limits of funds appropriated to it.

C.

Cooperation with City Departments and Agencies. All City departments and agencies shall cooperate with the work of the Environmental Commission to the degree possible and permitted by law.

A.

Establishment of an Artist Certification Board. [Amended 9-9-2009 by Ord. No. 09-093]

1.

There is hereby created an Artists' Certification Board (ACB), which shall serve as a citizens' advisory board to the Planning Board, pursuant to N.J.S.A. 40:55D-27.a. The ACB shall be in, but not of, the Division of City Planning. The ACB is essentially an artists' peer review committee. In order to reside in a work/live studio in the WALDO, an artist must be so certified by the Planning Board. The Planning Board shall be guided in this certification by the recommendation made by the ACB. The Planning Board may reject the recommendation of the ACB, but the reasons for such rejection must be clearly stated in the resolution approved by the Board.

2.

The ACB shall be comprised of persons knowledgeable in the arts. It shall consist of five full members, with no more than two additional alternate members who may vote in the absence of full members. A minimum of three full members of the ACB shall be professional artists. All members shall be appointed by the Mayor. After the initial appointments are made, all terms shall run for four years.

3.

The ACB shall review application filed by persons who are interested in occupying work/live space in the WALDO as either owners, tenants or sub-tenants, to determine if the applicant can be certified to occupy such space.

4.

The following shall serve as criteria to be used by the ACB in certifying an artist: (a) the artists' commitment to the fine arts as a career; (b) the need for large loft space in which to create his or her art; (c) education; (d) current body of work; (e) exhibition record; (f) references from other artists or art professionals. In no event shall the content of the art created be used as a criterion to determine eligibility to occupy work/live space in the WALDO.

5.

The recommendation of the ACB to the Planning Board shall be submitted to the Planning Board within thirty (30) days of the ACB's decision, and shall state the reasons for the decision with specific reference to one or more of the criteria set forth in subsection (A)(4) of this section.

6.

Once an artist is certified by the Planning Board, the Planning Board shall forward a copy of its certification decision to the Zoning Officer, who shall retain the certification in the Zoning Officer's files. The certification shall expire ten (10) years after the date of the decision by the Planning Board. Renewal applications may be filed. In the event a certified artist is divorced or dies, the family of the artist occupying the work/live space shall be given a two year grace period.