Quinton City Zoning Code
ARTICLE VI
Planning Board
§ 170-58 Elimination of Zoning Board of Adjustment, exercise of its functions and powers by Planning Board and continuance of applications.
[Amended 2-29-1996 by Ord. No. 1996-2]
A.
Pursuant to the authority of N.J.S.A. 40:55D-25c, the Planning Board shall exercise all powers of the Board of Adjustment (as set forth in § 170-62); however, the Class I (Mayor) and Class III (Township Committeemen) members shall not participate in the consideration of applications for development which involve relief pursuant to N.J.S.A. 40:55D-70d.
B.
For any application for development submitted to the Board of Adjustment pursuant to lawful authority before March 19, 1996, the effective date of the ordinance creating a single Board, pursuant to N.J.S.A. 40:55D-72.1, the Board of Adjustment shall have every power which it possessed before the effective date of said ordinance in regard to the application. Once the processing of such applications has been completed by the Board of Adjustment, the Board shall disband and be terminated and its records shall be delivered to the custody of the Secretary of the Planning Board.
§ 170-59 (Reserved) [1]
[1]
Editor's Note: Former § 170-59, Powers and jurisdiction of Board of Adjustment, was repealed 2-29-1996 by Ord. No. 1996-2.
§ 170-60 Appeals and applications to Planning Board.
[Amended 2-29-1996 by Ord. No. 1996-2]
A.
Appeals to the Planning Board may be taken by an interested party affected by any decision of an officer of the municipality based on or made in the enforcement of this chapter or the Official Map. Such appeal shall be taken within 20 days by filing a notice of appeal with the administrative officer from whom the appeal is taken specifying the grounds of such appeal. Three copies of the notice shall simultaneously be filed with the Secretary of the Planning Board. The officer from whom the appeal is taken shall immediately transmit to the Board all the papers constituting the record upon which the action appealed from was taken.
B.
A developer may file an application for development with the Board for action under any of its powers as defined in § 170-62B without prior application to the administrative officer of the municipality. Twelve copies of such an application shall be filed with the Secretary of the Board. All plot plans, maps and/or other information required for review by the Board or this chapter shall be submitted to the Secretary of the Board at least 10 days prior to the date set by the Board for the public hearing on the application. The applicant shall obtain all necessary forms from the Secretary of the Board.
C.
The Planning Board shall render a decision not later than 120 days after the date that an appeal is taken from the decision of an officer of the municipality or after the date that a complete application for development is submitted to the Board by a developer. Failure of the Board to render a decision within such one-hundred-twenty-day period or within such further time as may be consented to by the applicant shall constitute a decision favorable to the applicant.
D.
Any appeal to the Planning Board shall stay all proceedings in furtherance of the action in respect to which the decision appealed from was made unless the officer from whose action the appeal is taken certifies to the Planning Board, after the notice of appeal shall have been filed with him, that by reason of facts stated in the certificate a stay would, in his 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 upon notice to the officer from whom the appeal is taken and on due cause shown.
E.
In acting on any appeal, the Planning Board may reverse or affirm, wholly or in part, or may modify the action, order, requirement, decision, interpretation or determination appealed from and, to that end, have all the powers of the officer from whom the appeal is taken.
§ 170-61 Establishment of Planning Board.
A.
There is hereby established in Quinton Township a Planning Board of nine members and two alternates, consisting of the following four classes pursuant to N.J.S.A. 40:55D-23:
[Amended 8-25-1992 by Ord. No. 1992-7; 4-5-1993 by Ord. No. 1993-4; 2-29-1996 by Ord. No. 1996-2]
(1)
Class I: 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: six other citizens of the municipality to be appointed by the Mayor as regular members and two other citizens, appointed by the Mayor as alternates.
[Amended 3-3-2010 by Ord. No. 2010-04]
B.
The term of the member composing Class I shall correspond with his official tenure. The terms of the Class II and III members shall be for one year or terminate at the completion of their respective terms of office, whichever occurs first.
[Amended 8-25-1992 by Ord. No. 1992-7]
C.
The term of a Class IV member who is also a member of the Planning Board or the Board of Education shall terminate whenever he is no longer a member of such other body or at the completion of his Class IV term, whichever comes first.
D.
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 and 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 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.
E.
If a 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.
F.
The Planning Board shall elect a Chairman and Vice Chairman from the members of Class IV and select a Secretary who may or may not be a member of the Planning Board or a municipal employee.
[Amended 4-5-1993 by Ord. No. 1993-4]
G.
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 shall not authorize expenditures which exceed, exclusive of gifts or grants, the amount appropriated by the governing body for its use.
H.
The Planning Board shall adopt such rules and regulations as may be necessary to carry into effect the provisions and purposes of this chapter.
I.
Two Class IV alternate members shall be appointed to the Planning Board by the Mayor, and shall meet the qualifications of Class IV members of the Planning Board. Alternate members shall be designated at the time of appointment by the Mayor as Alternate No. 1 and Alternate No. 2. The terms of the alternate members shall be for two years, except that the terms of the alternate members shall be such that the term of not more than one alternate member shall expire in any one year; provided, however, that in no instance shall the term of the alternate members first appointed exceed two years. A vacancy occurring otherwise than by expiration of a term shall be filled by the Mayor for the unexpired term only. 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.
§ 170-62 Powers and jurisdiction of Planning Board.
A.
The Planning Board shall have the powers listed below in addition to other powers established by law:
(1)
To make, adopt and, from time to time, amend a Master Plan for the physical development of the Township, including any areas outside its boundaries which, in the Board's judgment, bear essential relation to the planning of the Township.
(2)
To administer provisions of all development regulations of the municipality in accordance with the provisions of said regulations and the Municipal Land Use Law of 1975, N.J.S.A. 40:55D-1 et seq.
[Amended 2-29-1996 by Ord. No. 1996-2]
(3)
To participate in the preparation and review of programs or plans required by state or federal law or regulations.
(4)
To assemble data on a continuing basis as part of a continuous planning process.
(5)
Annually, to prepare a program of municipal capital improvements projects projected over a term of six years and amendments thereto and recommend the same to the governing body.
(6)
To consider and make report to the governing body within 35 days after referral as to any proposed development regulation submitted to it and also pass upon other matters specifically referred to the Planning Board by the governing body.
B.
The Planning Board shall also exercise, to the same extent and subject to the same restrictions, all the powers described below which were previously exercised by the Board of Adjustment; however, the Class I (Mayor) and the Class III (Township Committeemen) members shall not participate in the consideration of applications for development which involve relief pursuant to N.J.S.A. 40:55D-70d.
[Amended 2-29-1996 by Ord. No. 1996-2]
(1)
Error or refusal: to hear and decide appeals where it is alleged by the applicant that there is an error in any order, requirement, decision or refusal made by an administrative officer based on or made in the enforcement of this chapter.
(2)
Exceptions or interpretations: to hear and decide, in accordance with the provisions of this chapter, requests for interpretation of the Zoning Map or Zoning Ordinance[1] or for decisions upon other special questions upon which the Board is authorized to pass by any land development ordinance or official map.
(3)
Variance of area or yard requirements. Where, by reason of exceptional narrowness, shallowness or shape of a specific piece of property; by reason of exceptional topographic conditions or physical features uniquely affecting a specific piece of property; or by reason of other extraordinary and exceptional situation or condition of such piece of property or the structures thereon, the strict application of any regulation of this chapter would result in peculiar and exceptional practical difficulties or in exceptional and undue hardship upon the developer of such property, to grant, upon an application or an appeal relating to such property, a variance from such strict application of such regulation so as to relieve any difficulties or hardships; and where, in an application or appeal relating to a specific piece of property, the purposes of this chapter would be advanced by a deviation from the chapter's requirements and the benefits of the deviation would substantially outweigh any detriment, to grant a variance to allow departure from the zoning regulations.
(4)
Variance of use regulations: in particular cases and for special reasons, to grant a variance to permit:
(a)
A structure or use in a district restricted against such structure or use.
(b)
An expansion of a nonconforming use.
(c)
Deviation from a specification or standard pertaining solely to a conditional use.
(d)
An increase in the permitted floor area ratio.
(e)
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. A variance under this section shall be granted only by affirmative vote of 2/3 of the full authorized membership of the Board.
(5)
Direct issuance of a building permit for the construction of a building or structure within the bed of a mapped street or public drainageway, flood control basin or public area as shown on the duly adopted Official Map Ordinance of the municipality whenever one or more parcels of land within said bed cannot yield a reasonable return to the owner unless a building permit is granted. The Board shall impose reasonable requirements as a condition of granting the building permit as to promote the health, morals, safety and general welfare of the public.
(6)
Direct issuance of a building permit for the construction of a building or structure on a lot not abutting a street which is shown on a duly adopted Official Map of the municipality or which is an existing state, county or municipal street or highway; a street shown upon a plat approved by the Municipal Planning Board; or a street on a plat duly filed in the office of the County Recording Officer. The Board may grant such relief only where the enforcement of the statute requirement that a building lot abut a street would entail practical difficulty or unnecessary hardship or where the circumstances of the case do not require the building or structure to abut a street. The Board shall impose requirements of conditions that will provide adequate access for fire-fighting equipment, ambulances and other emergency vehicles necessary for the protection of the public health and safety and will protect any future street layout shown on the Official Map or on the general circulation plan element of the Municipal Master Plan.
C.
General provisions.
(1)
No variance or other relief may be granted under this terms of this section unless such variance or other relief can be granted without substantial detriment to the public good and will not substantially impair the intent and purpose of the zone plan and Zoning Ordinance.[2] Any application to the Board 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 Board shall act.
(2)
The Board must render a decision under Subsection B not later than 120 days after the date an appeal is taken from the decision of an administrative officer or the submission of a complete application for development to the Board pursuant to § 59b of P.L. 1975, c. 291 (N.J.S.A. 40:55D-72b). Failure of the Board to render a decision within such one-hundred-twenty-day period or within such further time as may be consented to by the applicant shall constitute a decision favorable to the applicant.
D.
Inquiries as to whether a proposed land use is permissible under the Zoning Ordinance[3] shall be submitted in writing to the Board, which shall issue a written response within 45 days after the next meeting following receipt of the request or within such additional time as may be consented to by the inquirer.
§ 170-63 Provisions applicable to Planning Board.
A.
Conflicts of interest. No member of the Planning Board shall act on any matter in which he has, either directly or indirectly, any personal or financial interest. Whenever any such member shall disqualify himself from acting on a particular matter, he shall not continue to sit with the Board on the hearing of such matter nor participate in any discussion or decision relating thereto.
[Amended 2-29-1996 by Ord. No. 1996-2]
B.
Meetings.
(1)
Meetings of the Planning Board shall be scheduled no less often than once a month, and any meeting so scheduled shall be held as scheduled unless canceled for lack of applications for development to process.
[Amended 2-29-1996 by Ord. No. 1996-2]
(2)
Special meetings may be provided for at the call of the Chairman or on the request of any two Board members, which shall be held on notice to its members and the public in accordance with all applicable legal requirements.
(3)
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.
(4)
All actions shall be taken by majority vote of the members present except as otherwise required by this chapter. Failure of a motion to secure the number of votes required to approve an application for development shall be deemed an act denying the application.
C.
Records.
(1)
Minutes of every regular or special meeting shall be kept and shall include the names of the persons appearing and addressing the Planning Board and of the persons appearing by attorney, the action taken by the Planning Board, the findings, if any, made by it and reasons therefor. The minutes shall thereafter be made available for public inspection during the 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 as evidence in any legal proceedings concerning the subject matter of such minutes.
[Amended 2-29-1996 by Ord. No. 1996-2]
(2)
A verbatim recording shall be made of every hearing. The recording of the proceedings shall be made by either stenographer, mechanical or electronic means. The municipality shall furnish a transcript or duplicate recording in lieu thereof on request to any interested party at his expense.
D.
Public hearing.
(1)
The Planning Board shall hold a hearing on each application for development. The Board shall make the rules governing such hearings.
[Amended 2-29-1996 by Ord. No. 1996-2]
(2)
Any maps and documents for which approval is sought at a hearing shall be on file and available for public inspection at least 10 days before the date of the hearing during normal business hours in the office of the administrative officer. The applicant may produce other documents, records or testimony at the hearing to substantiate or clarify or supplement the previously filed maps and documents.
(3)
The officer presiding at the hearing, 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 Municipal Investigations Law, P.L. 1953, c. 38 (N.J.S.A. 2A:67A-1 et seq.) shall apply.
(4)
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.
(5)
Technical rules of evidence shall not be applicable to the hearing, but the Board may exclude irrelevant, immaterial or unduly repetitious evidence.
E.
Public notice of a hearing.
(1)
Public notice of a hearing shall be given for the following applications for development:
(a)
Any request for a variance.
(b)
Any request for conditional use approval.
(c)
Any request for the issuance of a permit to build within the bed of a mapped street or public drainageway or on a lot not abutting a street. [See § 170-59C(1) and (2).[2]]
[2]
Editor's Note: See now § 170-62B(5) and (6).
(d)
Any request for site plan approval involving one or more of the aforesaid elements.
(e)
Any request for preliminary subdivision approval.
(2)
The Secretary of the Planning Board shall notify the applicant at least two 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 10 days prior to the date of the hearing in the following manner:
[Amended 2-29-1996 by Ord. No. 1996-2]
(a)
By publication in the official newspaper of the municipality, if there be one, or in a newspaper of general circulation in the municipality.
(b)
To all owners of real property as shown on the current tax duplicate located within 200 feet in all directions of the property which is the subject of the hearing, which notice shall be given by serving a copy thereof on the property owner, as shown on the current tax duplicate, or his agent in charge of the property; or by mailing a copy thereof by certified mail to the property owner at his address as shown on the said current tax duplicate. It is not required that a return receipt be obtained. Notice is deemed complete upon mailing. (See N.J.S.A. 40:55D-14.)
(c)
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.
(d)
To the Clerk of any adjoining municipality or municipalities when the property involved is located within 200 feet of said adjoining municipality or municipalities, which notice shall be given by personal service or certified mail.
(e)
To the County Planning Board when the application for development involves property adjacent to an existing county road or proposed road shown on the County Official Map or the County Master Plan or adjoins other county land.
(f)
To the Commissioner of Transportation of the State of New Jersey when the property abuts a state highway.
(g)
To the Director of the Division of State and Regional Planning in the Department of Community Affairs when the hearing involves an application for development of property which exceeds 150 acres or 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.
(3)
Upon the written request of an applicant, the Township Tax Assessor shall, within seven days, make and certify a list from said current tax duplicates of names and addresses of owners within the Township to whom the applicant is required to give notice. The applicant shall be charged $10 for said list and shall be entitled to rely upon the information contained in such list, and failure to give notice to any owner not on the list shall not invalidate any hearing or proceeding. Additionally, the applicant shall be responsible for giving proper notice to all property owners pursuant to § 170-63 above who do not reside within the Township.
(4)
The applicant shall file an affidavit or proof of service with the Planning Board.
[Amended 2-29-1996 by Ord. No. 1996-2]
(5)
The notice shall state the date, time and place of the hearing and the nature of the matters to be considered, and 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 Municipal Tax Assessor's office, and the location and times at which any maps or documents for which approval is sought are available for inspection.
§ 170-64 Appeal of use variance approvals.
A.
Any interested party may appeal an approval of the variance to the governing body.
B.
Such appeal shall be made within 10 days of the date of publication of such final decision pursuant to § 170-65 of this chapter. The appeal to the governing body 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 name and address of his attorney, if represented. Such appeal shall be decided by the governing body only upon the record established before the Planning Board. The appellant shall arrange and pay for five copies of a transcript of the Planning Board hearing on the variance and shall deliver the five copies to the Township Clerk.
[Amended 2-29-1996 by Ord. No. 1996-2]
C.
Notice of the meeting of the governing body to review the record below shall be given by the governing body of personal service or certified mail to the appellant, to those entitled to notice of a decision pursuant to § 170-65 of this chapter and to the Planning Board at least 10 days prior to the date of the meeting. The parties may submit oral and written arguments on the record at such meeting, and the governing body shall provide for verbatim recording and transcripts of such meeting.
[Amended 2-29-1996 by Ord. No. 1996-2]
D.
Transcript.
(1)
The appellant shall:
(a)
Within five days of service of the notice of the appeal pursuant to Subsection A hereof, arrange for a transcript pursuant to N.J.S.A. 40:55D-10f for use by the governing body and pay a deposit of $50 or the estimated cost of such transcript, whichever is less; or
(b)
Within 35 days of service of the notice of the appeal, submit a transcript as otherwise arranged to the Municipal Clerk's office; otherwise, the appeal may be dismissed for failure to prosecute.
(2)
The governing body shall conclude a review of the record below not later than 95 days from the date of receipt of the transcript of the hearing unless the applicant consents in writing to an extension of such period. Failure of the governing body 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 Planning Board.
[Amended 2-29-1996 by Ord. No. 1996-2]
E.
The governing body may reverse, remand or affirm, wholly or in part, or may modify the final decision of the Planning Board. The affirmative vote of a majority of the full authorized membership of the governing body shall be necessary to reverse, remand or modify any final action of the Board.
[Amended 2-29-1996 by Ord. No. 1996-2]
F.
The affirmative vote of a majority of the full authorized membership of the governing body shall be necessary to reverse or remand to the Planning Board or to impose conditions on or alter conditions to any final action of the Planning Board. Otherwise, the final action of the Planning Board shall be deemed to be affirmed a tie vote of the governing body shall constitute affirmation of the decision of the Planning Board.
[Amended 2-29-1996 by Ord. No. 1996-2]
§ 170-65 Notice of decisions.
[Amended 2-29-1996 by Ord. No. 1996-2]
Any decision of the Planning Board when acting upon an application for development and any decision of the governing body when acting upon an appeal shall be given notice in the following manner:
A.
A copy of the decision shall be mailed by the Board within 10 days of the date of decision to the applicant or appellant, or, if represented, then to his attorney, without separate charge. A copy of the decision shall also be mailed to any interested party who has requested it and who has paid the fee prescribed by the Board for such service.
B.
A brief notice of every final decision shall be published in the official newspaper of the Township. Such publication shall be arranged by the Secretary of the Planning Board without separate charge to the applicant. The notice shall be sent to the official newspaper for publication within 10 days of the date of any such decision.
C.
A copy of the decision shall also be filed in the office of the Township Clerk, who shall make a copy of such filed decision available to any interested party upon payment of a fee calculated in the same manner as those established for copies of other public documents in the Township.