Union Beach City Zoning Code
§ 13-3.1
Planning Board.
a.
Establishment. The planning board and zoning board presently in existence are abolished. A planning board is hereby established which will be known as the "Planning Board of the Borough of Union Beach" which will exercise all of the powers of a planning board pursuant to N.J.S.A. 40:55D-25 and all of the powers of a zoning board of adjustment pursuant to N.J.S.A. 40:55D-70 and as otherwise provided by the Municipal Land Use Law (MLUL), N.J.S.A. 40:55D-1, et seq., and other statutes and laws of the State of New Jersey. The planning board shall consist of nine members of the following four classes:
Class I. The mayor or, in the event of the mayor's absence, the mayor's designee. Pursuant to N.J.S.A. 40:55D-25c(1) the class I member will not participate in the consideration of applications which involve relief pursuant to subsection d of N.J.S.A. 40:55D-70, commonly known as "use" variances.
Class II. One of the officials of the borough other than a member of the borough council 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 may be deemed to be the class II planning board member if there is a member of the board of education among the class IV members.
Class III. A member of the borough council to be appointed by it. Pursuant to N.J.S.A. 40:55D-25c(1) the class III member will not participate in the consideration of applications which involve relief pursuant to subsection d of N.J.S.A. 40:55D-70, commonly known as "use" variances.
Class IV. Six other citizens of the municipality to be appointed by the mayor. No class IV member shall hold any other municipal office except that one class IV member may be a member of the board of education or the environmental commission if an environmental commission is so established by the mayor and council of this borough. In the event that the mayor and council shall establish an environmental commission, any member of the environmental commission who shall serve on this planning board in addition to a member of the board of education may be deemed to be a class II member.
Alternates. The mayor may appoint not more than two alternate members with the advice of the borough council. Alternate members shall meet the qualifications of Class IV members. Alternate members shall be designated at the time of appointment by the mayor as "alternate no. 1" and "alternate no. 2." 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. An alternate member may, after public hearing if he requests one, be removed by the governing body for cause.
b.
Terms. The term of a class I member shall correspond with his official tenure as mayor. The terms of class II and class III members shall be for one year unless their terms as municipal officials shall expire before that time 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 unless his term as a member of the environmental commission shall expire before that time.
The term of any class IV member who is also a member of the board of education shall terminate when he is no longer a member of that board or at the completion of his term as a class IV member, 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 borough council, provided, however, that no term of any member shall exceed four years. Thereafter all class IV members shall be appointed for terms of four years, except as otherwise provided. All terms after the first terms shall commence on the date in January of each year when the borough council shall hold its annual reorganization meeting.
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 terms of the alternate members first appointed exceed two years. A vacancy occurring otherwise than by expiration of term shall be filled by the appointing authority for the unexpired term only.
c.
Conflicts. No member of the planning board shall be permitted to act on any matter in which he has, either directly or indirectly, any personal or financial interest.
d.
Vacancies. A vacancy in any class shall be filled in the same manner as an original appointment, except that the person appointed to fill the vacancy shall serve the remainder of the unexpired term.
e.
Removal. Any member other than a class I member, after a public hearing, if he requests one, may be removed by the borough council for cause.
f.
Organization of Board. The planning board shall elect a chairman and vice chairman from the members of class IV and select a secretary who may be either a member of the planning board or a municipal employee or other person designated by it to serve in that capacity.
g.
Planning Board Attorney. There is hereby created the office of planning board attorney. The planning board may annually appoint, fix the compensation of, or agree upon the rate of compensation of a planning board attorney. The planning board attorney shall be an attorney admitted to practice law in the State of New Jersey and shall be some other person than the attorney for the borough or the attorney for the zoning board of adjustment.
h.
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 may not, however, exceed, exclusive of gifts and grants, the amount appropriated to it by the government for its use.
i.
Power and Duties. The planning board shall adopt such rules and regulations as may be necessary to carry into effect the provisions and purposes of this chapter as well as the provisions of N.J.S.A. 40:55D-1, et seq. In the issuance of subpoenas, administration of oaths and taking of testimony the Law of 1953, chapter 38 (N.J.S.A. 2A:67A-1 et seq.) shall apply. The planning board shall have the following powers and duties:
1.
To make and adopt and from time to time amend a master plan for the physical development of the municipality, including any areas outside its boundaries, which in the board's judgment bear essential relation to the planning of the municipality, in accordance with the provisions of N.J.S.A. 40:55D-28.
2.
To administer site plan and land subdivision review in accordance with the provisions of this chapter and N.J.S.A. 40:55D-37 through 59.
3.
To grant exceptions from certain requirements for subdivision and site plan approval pursuant to N.J.S.A. 40:55D-51.
4.
To approve conditional use applications in accordance with the provisions of this chapter and pursuant to N.J.S.A. 40:55D-67.
5.
To exercise generally and to the same extent and subject to the same restrictions as the former zoning board of adjustment the powers set forth in N.J.S.A. 40:55D-70 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 an administrative official or agency based on or made in the enforcement of the provisions of this chapter adopted pursuant to N.J.S.A. 40:55D-62 through 68.
(1)
Appeals to the board of adjustment may be taken by any interested party affected by any decision of an administrative officer of the borough based on or made in the enforcement of the zoning provisions of this chapter or the official map. Such appeal shall be taken within 20 days by filing a notice of appeal with the officer from whom the appeal is taken specifying the grounds of such appeal. The officer from whom the appeal is taken shall immediately transmit to the board all papers constituting the record upon which the action appealed was taken. A developer may file an application for development with the board for action under any of its powers without prior application to an administrative officer.
(2)
An appeal stays all proceedings in furtherance of the action in respect of which the decision appealed from was made, unless the officer from whom the appeal is taken certifies to the 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 cases, 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.
(3)
The board may, in conformity with the provisions of N.J.S.A. 40:55D-1, et seq., reverse or affirm wholly or partly or may modify the order, requirement, decision or determination appealed from, and make such other requirement, decision or determination as ought to be made, and to that end have all the powers of the administrative officer from whom the appeal was taken.
(b)
Hear and decide requests for interpretation of the zoning map or Land Use Development Regulations or for decisions upon other special questions upon which the board is authorized to pass by any zoning or official map ordinance in accordance with this chapter and N.J.S.A. 40:55D-1, et seq.
(c)
(1)
Where (a) by reason of exceptional narrowness, shallowness or shape of a specific piece of property, (b) or by reason of exceptional topographic conditions or physical features uniquely affecting a specific piece of property or (c) 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 regulation pursuant to N.J.S.A. 40:55D-46 would result in peculiar and exceptional practical difficulties to, or exceptional and undue hardship upon the developer of each property, 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; (2) where in an application or appeal relating to a specific piece of property the purpose of this chapter or N.J.S.A. 40:55D-1, et seq., would be advanced by a deviation from the zoning requirements and the benefits of the deviation would substantially outweigh any detriment, grant a variance to allow departure from regulations pursuant to Article 8 of the Municipal Land Use Law, currently N.J.S.A. 40:55D-62 through 40:55D-68.3; provided, however, that no variance from those departures enumerated in subsection (d) below N.J.S.A. 40:55D-70d) shall be granted under this subsection.
(d)
In particular cases and for special reasons, grant a variance to allow departure from regulations pursuant to Article 8 of the Municipal Land Use Law, currently N.J.S.A. 40:55D-62 through 40:55D-68.3, to permit: (1) a use or principal structure in a district restricted against such use or principal structure, (2) an expansion of a nonconforming use, (3) deviation from a specification or standard pursuant to Section 13-9, Conditional Uses, of this chapter and N.J.S.A. 40:55D- 67 (Conditional Uses; Site Plan Review) pertaining solely to a conditional use, (4) an increase in the permitted floor area ratio as defined in subsection 13-2 3, Definitions, of this chapter and N.J.S.A. 40:55D-4, (5) an increase in the permitted density as defined in subsection 13-2.3, Definitions, of this chapter and 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 (6) a height of a principal structure which exceeds by 10 feet or 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. Class I and Class III members shall not participate in the consideration of applications which involve relief pursuant to this subsection.
Pursuant to N.J.S.A. 40:55D-76(2)b the developer may elect to submit a separate application requesting approval of the variance or direction of the issuance of a permit and a subsequent application for any required approval of a subdivision, site plan or conditional use. The separate approval of the variance or direction of the issuance of a permit shall be conditioned upon grant of all required subsequent approvals by the planning board.
No variance or other relief may be granted under the terms of this subsection or N.J.S.A. 40:55D-70 unless 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 this chapter. In respect of any airport hazard areas delineated under the "Air Safety and Hazardous Zoning Act of 1983," (N.J.S.A. 6:1-80, et seq.), no variance or other relief may be granted under the terms of this subsection permitting the creation or establishment of a nonconforming use which would be prohibited under the standards promulgated pursuant to that Act except under issuance of a permit by the commissioner of transportation. An application under this subsection 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.
Whenever relief is requested pursuant to this subsection notice of the hearing on the application for development shall include reference to the request for a variance(s), or direction for issuance of a permit as the case may be.
6.
To participate in the preparation and review of programs or plans required by state or federal law or regulations.
7.
To assemble data on a continuing basis as a part of a continuing planning process. At least once a year the planning board shall review its decisions on applications and appeals for variances and prepare and adopt by resolution a report on 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 report and resolution will be submitted to the borough council for its review.
8.
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 by the borough council, 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 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 35 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.
9.
To annually prepare a program of municipal capital improvement projects over a term of six years, and amendments thereto, and recommend same to the borough council pursuant to the provisions of N.J.S.A. 40:55D-29 and to review all capital projects pursuant to N.J.S.A. 40:55D-31.
10.
To direct pursuant to N.J.S.A. 40:55D-34 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 (Establish an Official Map).
11.
To direct pursuant to N.J.S.A. 40:55D-36 issuance of a permit for a building or structure not related to a street.
12.
To perform such other advisory duties as are assigned to it by ordinance or resolution of the borough council for the aid and assistance of the borough council or other agencies or officers.
13.
The borough council may by ordinance provide for the reference of any matter or class of matters to the planning board before final action thereon by a municipal body or a municipal officer having final authority thereon. Whenever the planning board shall have made a recommendation regarding the matter authorized by this chapter to another municipal body such recommendation may be rejected only by a majority of the full authorized membership of such other body.
14.
Pursuant to N.J.S.A. 40:55D-12, et. seq., the planning board is hereby given the power to waive notice and public hearing of minor subdivisions in accordance with N.J.S.A. 40:55D-47.
j.
Time Limits for Approvals.
1.
Minor Subdivision: Minor subdivision approvals shall be granted or denied within 45 days of the date of submission of a complete application 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 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 borough engineer and the borough tax assessor. Any such plat or deed must be signed by the chairman and secretary of the planning board before it will be accepted for filing by the county recording officer.
2.
Preliminary Site Plan Approval: Upon the submission of a complete application to the administrative officer for a site plan for 10 acres of land or less, and 10 dwelling units or less, the planning board shall grant or deny preliminary approval within 45 days of such submission or within such further time as may be consented to by the developer. Upon the submission of a complete application to the administrative officer for a site plan of 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 such further time as may be consented to by the developer. Otherwise, the planning board shall be deemed to have granted preliminary approval of the site plan.
3.
Preliminary Major Subdivision Approval: Upon submission of a complete application to the administrative officer 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 time as may be consented to by the developer. Upon submission of a complete application to the administrative officer 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. If the planning board fails to act within these times herein provided without obtaining the consent of the applicant to a further extension of time, it shall be deemed to have granted preliminary approval for the requested subdivision.
4.
Effect of Preliminary Approval: Preliminary approval of a major subdivision or of a site plan shall, except as otherwise provided, 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; layouts and design standards for streets, curbs and sidewalks, lot size; yard dimensions and off-tract improvements; and, in the case of a site plan, any requirements peculiar to site plan approval pursuant to N.J.S.A. 40:55D-41; except that nothing herein shall be construed to prevent the borough from modifying by ordinance such general terms and conditions of preliminary approval as relate to public health and safety;
(b)
That the applicant may submit for final approval on or before the expiration date of preliminary approval the whole or a section or sections of the preliminary subdivision plat or site plan, as the case may be; and
(c)
That the applicant may apply for and the planning board may 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 shall govern.
(d)
In the case of a subdivision of or 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 non-residential 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 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 (1) the number of dwelling units and nonresidential floor area permissible under preliminary approval, and (2) the potential number of dwelling units and nonresidential floor area of the section or sections awaiting final approval, (3) economic conditions and (4) the comprehensiveness of the development; provided that if the design standards have been revised, such revised standards shall govern.
5.
Final Approval: Application for final subdivision or site plan approval shall be granted or denied within 45 days of submission of a complete application to the planning board or within such further time as may be consented to by the applicant.
Final approval of a major subdivision shall expire 95 days from the date of signing of the plat unless within such period the plat shall have been duly filed by the developer with the county recording officer, the borough engineer and the borough tax assessor. The planning board may, for good cause shown, extend the period for recording for an additional period not to exceed 190 days from the date of signing of the plat.
6.
Effect of Final Approval:
(a)
Minor Subdivision: The zoning requirements and general terms and conditions, whether conditional or otherwise, upon which minor subdivision approval was granted, shall not be changed for a period of two years after the date of minor subdivision approval.
Major Subdivision: The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer pursuant to N.J.S.A. 40:55D-49 of this act, 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 section shall expire if the plat has not been duly recorded within the time period provided in N.J.S.A. 40:55D-54 of this act. 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 N.J.S.A. 40:55D-54 of this act, the planning board may extend such period of protection for extensions of one year but not to exceed three extensions. Notwithstanding any other provisions of this act, the granting of final approval terminates the time period of preliminary approval pursuant to N.J.S.A. 40:55D-49 of this act for the section granted final approval.
(b)
In the case of a subdivision or site plan for a planned unit development or planned unit residential development or residential cluster of 50 acres or more or conventional subdivision of site plan for 150 acres or more, the planning board may grant rights, referred to in subsection (a) of N.J.S.A. 40:55D-52, for such period of time, longer than two 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 final approval, (2) economic conditions and (3) the comprehensiveness of the development. The developer may apply for thereafter, and the planning board may thereafter grant, an extension of final approval for such additional period of time 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 final approval, (2) the number of dwelling units and nonresidential floor area remaining to be developed, (3) economic conditions and (4) the comprehensiveness of the development.
7.
Combined Preliminary and Final Major Subdivision or Site Plan Approval: An applicant may request and the planning board may consent to accept an application for development for combined preliminary and final major subdivision or site plan approval provided that:
(a)
The proposed development is not to be constructed in sections or stages.
(b)
The applicant pays the application fees and provides all submissions required for both preliminary and final applications.
(c)
Any notice of hearing requirements applicable to the preliminary plat stage are complied with.
Any approval granted by the planning board on such combined application shall confer upon the applicant all the rights set forth in this section for final approval.
8.
Conditional Uses: Pursuant to N.J.S.A. 40:55D-67 (a), the planning board shall grant or deny an application for a conditional use within 95 days of submission of a complete application by a developer to the planning board, or within such review by the planning board of a conditional use shall include any required site plan review pursuant to N.J.S.A. 40:44D-37. The time period for approval by the planning board of conditional uses shall apply to such site plan review.
9.
Variances. The planning board shall grant or deny approval of an application for a variance within 120 days after submission by a developer of a complete application to the administrative officer or within such further time as may be consented to by the applicant. In the event that the developer elects to submit separate consecutive applications, the aforesaid provision shall apply to the application for approval of the variance or direction for issuance of a permit. The period for granting or denying any subsequent approval shall be as otherwise provided in these regulations and N.J.S.A. 40: 55D-1, et seq.
10.
Failure to Act: Failure of the planning board to act within the period prescribed shall constitute approval of the application and a certificate of the administrative officer as to the failure of the planning board to act shall be issued on request of the applicant, 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 purposes of filing subdivision plats.
11.
Appeal to the Governing Body: Any interested party may appeal to the borough council any final decision of the planning board, subject to the provisions of N.J.S.A. 40:55D-17, and this chapter.
12.
Required Approval by County Planning Board: Whenever review or approval of the application by the Monmouth County Planning Board is required by N.J.S.A. 40:27-6.3 (County Planning Board Law), in the case of a subdivision, or N.J.S.A. 40:27-6.6, in the case of a site plan, the planning board shall condition any approval that it grants upon timely receipt of a favorable report on the application by the Monmouth County Planning Board or approval by the Monmouth County Planning Board by its failure to report thereon within the required time period.
k.
Advisory Committee. 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 person or persons shall have no power to vote to take other action required by the board. Such person or persons shall serve at the pleasure of the mayor.
l.
Environmental Commission. Whenever the environmental commission has prepared and submitted to the planning board an index of the natural resources of the municipality, the planning board shall make available to the environmental commission an informational copy of every application for development to the planning board. Failure of the planning board to make such informational copy available to the environmental commission shall not invalidate any hearing or proceeding.
m.
Simultaneous Review. The planning board shall have the power to review and approve or deny conditional uses or site plans simultaneously with review for subdivision approval without the developer being required to make further application to the planning board, or the planning board being required to hold further hearings. The longest time period for action by the planning board, whether it be for subdivision, conditional use or site plan approval, shall apply. Whenever approval of a conditional use is requested by the developer, notice of the hearing on the plat shall include reference to the request for such conditional use.
n.
Continuance of Hearing and Voting Eligibility: A member of the planning board who was absent for one or more of the meetings at which a hearing was held shall be eligible to vote on the matter upon which the hearing was conducted, notwithstanding his absence from one or more of the meetings; provided, however, that such board member has available to him the transcript or recording of all of the hearing from which he was absent, and certifies in writing to the board that he has read such transcript or listened to such recording.
o.
Informal Review. At the request of the developer, the planning board shall grant an informal review of a concept plan for a development for which the developer intends to prepare and submit an application for development. The developer shall not be required to submit any fees for such an informal review. The developer shall not be bound by any concept plan for which review is requested, and the planning board shall not be bound by any such review.
p.
Expiration of Variance. Any variance hereafter granted by the planning board permitting the erection or alteration of any structure or structures, or permitting a specified use of any premises shall expire by limitation unless such construction or alteration shall have been actually commenced on each and every structure permitted by said variance, or unless such development has actually been commenced, within one year of the date of publication of the notice of the final judgment or determination, whether that final judgment or determination be by the borough council or the planning board; except, however, that the running of the period of limitation herein provided shall be tolled from the date of filing an appeal from the decision of the planning board or the borough council to a court of competent jurisdiction, until the termination in any manner of such appeal or proceeding. Where subdivision or site plan approval is required the period of time for commencement of the development specified by the planning board shall be the same as the period of time for which other rights are conferred upon the applicant by such subdivision or site plan approval pursuant to the provisions of this chapter.