Pine Hill City Zoning Code
ARTICLE V
Planning Board
§ 23-5.1 Establishment and Membership.
[Ord. No. 95-588 Art. V; Ord. No. 2000-672]
Pursuant to the Land Use Law of the State of New Jersey, Chapter 291, Laws of N.J. 1975 (40:55D-1 et seq.) there is hereby established in the Borough of Pine Hill, a Planning Board consisting of nine members of the following four classes:
a.
Class I: The Mayor or the Mayor's designee in the absence of the Mayor.
b.
Class II: One of the officials of the Borough of Pine Hill 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 member for the purpose of this chapter if there is both a member of the Zoning Board of Adjustment and a member of the Board of Education among the Class IV members.
c.
Class III: A member of the governing body 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, except that one member may be a member of the Zoning Board of Adjustment and one may be a member of the Board of Education. A 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 unless there be among the 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 the Environmental Commission shall be deemed to be the Class II member of the Planning Board.
§ 23-5.2 Term.
[Ord. No. 95-588 Art. V]
The term of the member composing Class I shall correspond with his official tenure.
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 a 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.
The term of a Class IV member who is also a member of the Zoning Board of Adjustment or the Board of Education shall terminate when he is no longer a member of such other Board or at the completion of his 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 term shall be evenly distributed over the first four years after their appointment as determined by resolution of the governing body; provided, however, that no term of any member shall 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 term for which they were appointed. Thereafter all Class rv 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 was made.
§ 23-5.3 Vacancies.
[Ord. No. 95-588 Art. V]
If any vacancy of any class shall occur otherwise than by expiration of term, it shall be filled by appointment as above provided for the unexpired term.
§ 23-5.4 Alternate Members.
[Ord. No. 95-588 Art. V]
There is hereby provided for the appointment to the Planning Board of not more than two alternate members. Alternate members shall be appointed by the Mayor, and shall meet the qualifications of Class IV members, except that one such member may be a member of the Zoning Board of Adjustment. Alternate members shall be designated at the time of appointment as Alternate No. 1, and Alternate No. 2. The term of alternate members shall be for two years, except that the term of not more than one alternate member shall expire in any one year, provided that in no instance shall the terms of the first appointed alternate members exceed two years. A vacancy created otherwise than by expiration of term shall be filled by the Mayor for the unexpired term only. Alternate members may participate in discussion of the proceedings, but shall 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 shall vote, Alternate No. 1 shall vote.
§ 23-5.5 Organization.
[Ord. No. 95-588 Art. V]
a.
Organization. The Planning Board shall elect a Chairman and Vice Chairman from the members of Class IV, and shall select a Secretary who may or may not be a member of the Planning Board or other municipal employee. A municipal employee selected as Secretary must be also designated by the Mayor or Administrative Officer to the Planning Board if one has been created by the Code of the Borough.
b.
Attorney. There is hereby created the office of Planning Board Attorney. The Planning Board may annually appoint, fix or agree upon the compensation, which shall not exceed the amount appropriated by the governing body, for the Planning Board Attorney, who shall be other than the Municipal Attorney.
c.
Experts and Staff. The Planning Board may also employ or contract for the services of experts and other staff and services as it may deem necessary. The Board shall not, however, exceed, exclusive of gifts or grants, the amount appropriated by the governing body for its use.
§ 23-5.6 Powers and Duties.
[Ord. No. 95-588 Art. V]
a.
The Planning Board shall follow the provisions of N.J.S.A. 40:55D-1 et seq. and shall accordingly exercise its power in regard to:
b.
The Planning Board may:
1.
Participate in the preparation and review of programs or plans required by state or federal law or regulation.
2.
Assemble data on a continuing basis as part of a continuous planning process.
3.
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.
§ 23-5.7 Ancillary Powers of the Planning Board.
[Ord. No. 95-588 Art. V]
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:
a.
Variances, pursuant to Section 57c of Chapter 291 of the Law of 1975.
b.
Direction, pursuant to this chapter, for issuance of 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 this chapter.
c.
Direction, pursuant to this chapter, for issuance of a permit for a building or structure not related to a street. Whenever relief is required pursuant to this chapter, 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.
§ 23-5.8 Referral Powers.
[Ord. No. 95-588 Art. V]
Prior to the adoption of a development regulation, revision, or amendment thereto, the Planning Board shall make and transmit to the Borough Council, within 35 days after referral a report including recommendations concerning the proposed development regulation, revision or amendment. The Borough 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 it in its minutes the reasons for not following such recommendations. Failure of the Planning Board to transmit its report within the thirty-five-day period provided herein shall relieve the Borough Council from the requirements of this subsection in regard to the proposed development regulation, revision or amendment thereto referred to the Planning Board.
§ 23-5.9 Time Limits for Approval of Minor Subdivisions and Conditional Uses.
[Ord. No. 95-588 Art. V]
a.
Minor Subdivisions. The approval of a minor subdivision, as defined in this chapter, shall be granted or denied within 45 days of the submission of a complete application, pursuant to this chapter, to the Planning Board or within such further time as may be consented to by the applicant. Approval of a minor subdivision shall expire 190 days from the date of the Planning Board approval, unless within such period a plat in conformity with such approval and the provisions of the Map Filing Law or a deed clearly describing the approved minor subdivision is filed by the developer with the County Recording Officer, the Municipal Engineer and the Municipal Tax Assessor. Any such plat or deed must be signed by the Chairman and Secretary of the Planning Board.
b.
Conditional Uses. The review by the Planning Board of conditional use shall include any required site plan review pursuant to this chapter. The time period for action by the Planning Board on conditional uses pursuant to this chapter shall apply to such site plan review.
§ 23-5.10 Time Limits for Preliminary Approval of Site Plans and Major Subdivisions.
[Ord. No. 95-588 Art. V]
a.
Site Plans. Upon the submission of the administrative officer or Board of a complete application for a site which involves 10 acres of land or less and 10 dwelling units or less pursuant to this chapter, the Planning Board shall grant or deny preliminary approval within 45 days of the date of such subdivision or within such further time as may be consented to by the applicant. Upon the submission of a complete application for a site plan which involves more than 10 acres, or more than 10 dwelling units, the Planning Board shall grant or deny preliminary approval within 95 days of the date of such submission or within further time as may be consented to by the developer. Otherwise, the Planning Board shall be deemed to have granted preliminary approval to the site plan.
b.
Major Subdivisions. Upon submission of a complete application pursuant to this chapter, for a subdivision of 10 or fewer lots, the Planning Board shall grant or deny preliminary approval within 45 days of the date of such submission or within such further times as may be consented to by the developer.
c.
Upon submission of a complete application, pursuant to this chapter, for a subdivision of more than 10 lots, the Planning Board shall grant or deny preliminary approval within 95 days of the date of such submission or within such further time as may be consented to by the developer.
§ 23-5.11 Failure to Reach a Decision.
[Ord. No. 95-588 Art. V]
Failure of the Planning Board to reach a decision within the specified time period or extensions thereof shall result in the approval of the subdivision and/or site plan and/or conditional use as submitted. A certificate of the administrative officer as to the failure of the Planning Board to act shall be issued on request of the applicant, and 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 the purpose of filing subdivision plats.
§ 23-5.12 Exercise of Ancillary Powers.
[Ord. No. 95-588 Art. V]
Whenever the Planning Board is called upon to exercise its ancillary powers before the granting of a variance as set forth in this chapter, the Planning Board shall grant or deny approval of the application within 95 days after submission by the developer of a complete application or within such further time as may be consented to by the applicant. Failure of the Planning Board to act within the period prescribed shall constitute approval of the application, and a certificate of the administrative officer designated in this chapter as to the failure of the Planning Board to act, shall be issued as required to the applicant.
§ 23-5.13 Public Hearings.
[Ord. No. 95-588 Art. V]
A public hearing shall be held at the preliminary approval stage for minor subdivisions and site plans, pursuant to this chapter.
§ 23-5.14 Rights under Preliminary Approval.
[Ord. No. 95-588 Art. V]
Preliminary approval of a major subdivision or site plan shall confer upon the applicant the following rights for a three-year period from the date of the preliminary approval:
a.
That the general terms and conditions on which preliminary approval was granted shall not be changed, including but not limited to use requirements, layout and design standards for streets, curbs, and sidewalks, lot size, yard dimensions and off-tract improvement; and, in the case of a site plan, existing natural resources to be preserved on the site, vehicular and pedestrian circulation, parking and loading, screening, landscaping and location of structures, exterior lighting both for safety reasons and streetlighting, and conservation of energy and use of renewable energy sources, except that nothing herein shall be constructed to prevent the Borough from modifying by ordinance such general terms and conditions of preliminary approval as related to public health and safety.
b.
That the applicant may submit for final approval on or before the expiration of preliminary approval the whole or a section or sections of the preliminary subdivision plat or site plan.
c.
That the applicant may apply for the Planning Board to grant extensions on such preliminary approval for additional periods of at least one year but not to exceed a total extension of two years, provided that if the design standards have been revised by ordinance, such revised standards may govern.
d.
In the case of a subdivision or a site plan for an area of 50 acres or more, the Planning Board may grant the rights referred to in paragraphs a, b and c above for such period of time, longer than three years, as shall be determined by the Planning Board to be reasonable, taking into consideration:
1.
The number of dwelling units and nonresidential floor area permissible under preliminary approval;
2.
Economic conditions; and
3.
The comprehensiveness of the development.
The applicant may apply for thereafter and the Planning Board may thereafter grant an extension to preliminary approval for such additional period of time as shall be determined by the Planning Board to be reasonable taking into consideration (i) the number of dwelling units and nonresidential floor area permissible under preliminary approval, and (ii) the potential number of dwelling units and nonresidential floor area of the section or sections awaiting final approval, (iii) economic conditions and (iv) the comprehensiveness of the development; provided that if the design standards have been revised, such revised standards may govern.
§ 23-5.15 Final Approval of Site Plans and Major Subdivisions.
[Ord. No. 95-588 Art. V]
a.
The Planning Board shall grant final approval if the detailed drawings, specifications and estimates of the applicant for final approval conform to the standards established by this chapter for final approval, the conditions of preliminary approval, and in the case of a major subdivision, the standards prescribed by the "Map Filing Law", P.L. 1960 c. 14, provided that in the case of a residential cluster, the Planning Board may permit minimal deviations from the conditions of preliminary approval necessitated by change of conditions beyond the control of the developer since the date of preliminary approval without the developer being required to submit another application for development for preliminary approval.
b.
Application for final subdivision approval shall be granted or denied within 45 days of subdivision of a complete application to the administrative officer or within such further time as may be consented to by the applicant.
c.
Final approval of a major subdivision shall expire 95 days from the date of signing the plat, unless within such period that plat shall have been duly filed by the developer with the County Recording Office. The Planning Board may for good cause, extend the period for recording an additional period not to exceed 190 days from the date of signing of the plat.
§ 23-5.16 Effect of Final Approval.
[Ord. No. 95-588 Art. V]
The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer pursuant to this chapter, whether conditionally or otherwise, shall not be changed for a period of two years after the date of final approval, provided that in the case of major subdivision the rights conferred by this chapter shall expire if the plat has not been duly recorded within the time period provided in this chapter. If the developer has followed the standards prescribed for final approval, and in the case of a subdivision, has duly recorded the plat as required in this chapter, approving authority may extend such period of protection for extensions of one year but not to exceed three extensions. Notwithstanding any other provisions of the chapter, the granting of final approval terminates the time period of preliminary approval pursuant to this chapter for the section granted final approval.
§ 23-5.17 Procedure for Filing Applications.
[Ord. No. 95-588 Art. V]
Applications for development with the jurisdiction of the Planning Board, pursuant to the provision of P.L. 1975, c. 291, shall be filed with the administrative officer of the Planning Board. The applicant shall file all applications at least 15 days prior to the regular meeting of the Board, and the submissions of all applications shall be in accordance with the procedures set forth in Article VIII, Subdivision and Site Plan, of this chapter, except for such changes in procedure as may be required under the provisions of c. 291, P.L. 1975. At the time of filing the application, but in no event less than 10 days prior to the date set for hearing, the applicant shall also file plot plans, maps or other papers required by virtue or any provisions of this chapter or any rule of the Planning Board. The applicant shall obtain all necessary forms from the administrative officer of the Planning Board. The administrative officer of the Planning Board shall inform the applicant of the steps to be taken to initiate applications and of the regular meeting dates of the Board.
§ 23-5.18 Advisory Committee; Environmental Commission.
[Ord. No. 95-588 Art. V]
a.
The Mayor may appoint one or more persons as 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 of the Board. Such person or persons shall serve at the pleasure of the Mayor.
b.
Whenever the Environmental Commission has prepared and submitted to the Planning Board and the Board of Adjustment an index of the natural resources of the municipality, the Planning Board or Board of Adjustment shall make available to the Environmental Commission an informational copy of every application for development submitted to either Board. Failure of the Planning Board or Board of Adjustment to make such informational copy available to the Environmental Commission shall not invalidate any hearing or proceeding.
§ 23-5.19 Rules and Regulations.
[Ord. No. 95-588 Art. V]
The Planning Board shall adopt such rules and regulations as may be necessary to carry into effect the provisions and purposes of this chapter. In the issuance of subpoenas, administration of oaths and taking of testimony, the provisions of the County and Municipal Investigations Laws of 1953 (N.J.S.A. 2A:67A-1 et seq.) shall apply.