Union City City Zoning Code
ARTICLE V
Administrative Provisions
§ 223-25 Considerations in decisionmaking.
These rules, regulations and standards shall be considered the minimum requirements for the protection of the public health, safety and welfare of the citizens of the City of Union City. Any action taken by the Planning Board and Zoning Board of Adjustment under the terms of this chapter shall give the primary consideration to the requirements of this chapter and to the welfare of the entire community.
§ 223-26 Amendments.
All provisions of this chapter may be amended in accordance with applicable laws.
§ 223-27 Board of Adjustment procedures.
A.
Establishment and composition.
(1)
A Zoning Board of Adjustment is hereby established pursuant to N.J.S.A. 40:55D-69 et seq., consisting of seven regular members and four alternate members, all residents of the City of Union City appointed by the Board of Commissioners to serve for terms of four years and two years, respectively, from January 1 of the year of their appointment. Alternate members shall be designated at the time of appointment by the Board of Commissioners as "Alternate No. 1," "Alternate No. 2," Alternate No. 3," and "Alternate No. 4." The terms of the members first appointed under this chapter shall be so determined that, to the greatest practicable extent, the expiration of such terms shall be distributed, in the case of regular members, evenly over the first four years after their appointment, and, in the case of alternate members, evenly over the first two years after their appointment, provided that the initial term of no regular members shall exceed four years, and that the initial term of no alternate member shall exceed two years. Thereafter, the term of each regular member shall be four years and the term of each alternate member shall be two years.
(2)
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. 1 shall vote.
(3)
Nothing in this chapter shall, however, be construed to affect the term of any present regular or alternate member of the Zoning Board of Adjustment, all of whom shall continue in office until the completion of the term for which they were appointed.
(4)
No member of the Board of Adjustment may hold any elective office of the City of Union City or be employed by the City of Union City.
(5)
No member of the Board of Adjustment shall be permitted to act on any matter in which he has, either directly or indirectly, any personal or financial interest.
(6)
A member may, after public hearing if he requests it, be removed by the governing body for cause.
(7)
A vacancy occurring other than by expiration of term shall be filled for the unexpired term only.
B.
Board of Adjustment authority. The Board of Adjustment shall have such powers as are granted in the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.
C.
Appeals and applications.
(1)
Appeals to the Board of Adjustment may be taken by any interested party. Each appeal shall be taken within 20 days by filing a notice of appeal with the officer from whom the appeal is taken. Said notice of appeal shall specify the grounds for said appeal. The officer from whom the appeal is taken shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from was taken.
(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 of Adjustment 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 otherwise than by restraining order which may be granted by the Board of Adjustment or by the Superior Court of New Jersey on the application or notice to the officer from whom the appeal is taken and on due cause shown.
(3)
Applications addressed to the original jurisdiction of the Board of Adjustment without prior application to an administrative officer shall be filed with the Secretary of the Zoning Board of Adjustment. Twelve copies of the application shall be filed. At the time of filing the appeal or application, but in no event less than 10 days prior to the date set for hearing, the applicant shall also file all plot plans, maps, or other papers required by virtue of any provision of this chapter or any rule of the Board of Adjustment. The applicant shall obtain all necessary forms from the Secretary of the Zoning Board of Adjustment. The Secretary of the Board shall inform the applicant of the steps to be taken to initiate proceedings and of the regular meeting dates of the Board.
(4)
Any application under any subsection of this section may be referred to any appropriate person or agency, including the Planning Board, for its report, provided that such reference shall not extend the period of time within which the Board of Adjustment shall act.
(5)
Applications for interpretations shall comply with the requirements of the Municipal Land Use Law at N.J.S.A. 40:55D-70a.
D.
Power to reverse or modify decisions. In exercising its power, the Board of Adjustment may reverse or affirm wholly or partly or may modify the order, requirement, decision, or determination appealed from and make such other requirements, decisions 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.
E.
Time for decision. The Board of Adjustment shall render its decision in accordance with the provisions of the New Jersey Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.
§ 223-28 Planning Board procedures.
A.
Establishment and composition.
(1)
A Planning Board is hereby established pursuant to N.J.S.A. 40:55D-23 et seq., consisting of nine regular members and two alternate members consisting of the following four classes:
(a)
Class I: the Mayor or his designee.
(b)
Class II: one of the officials of the municipality 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 Planning Board member 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.
(2)
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. Alternate members shall be appointed by the appointing authority for Class IV members and shall meet the qualifications of Class IV members of nine-member Planning Boards. Nothing in this chapter shall, however, be construed to affect the term of any present regular or alternate member of the Planning Board, all of whom shall continue in office until the completion of the term for which they were appointed.
B.
Terms.
(1)
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.
(2)
The terms of a Class IV member who is also a member of the Board of Adjustment 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 occurs first.
(3)
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 terms 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 IV 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.
(4)
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 terms of the alternate members first appointed exceed two years.
(a)
No alternate member shall be permitted to act on any matter in which he has either directly or indirectly any personal or financial interest. An alternate member may, after public hearing if he requests one, be removed by the governing body for cause.
(b)
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.
C.
Vacancies. If a vacancy of any class, including an alternate, shall occur other than by expiration of term, it shall be filled by appointment as above provided for the unexpired term.
D.
Officers. The Planning Board shall elect a Chairman and Vice Chairman from the members of Class IV and shall also select a Secretary who may or may not be a Board member or another municipal employee.
E.
Planning Board Attorney. There is hereby created the office of Planning Board Attorney. The Planning Board may annually appoint the Planning Board Attorney who shall be an attorney other than the municipal attorney. Compensation to be paid to said Planning Board Attorney shall be established by ordinance adopted by the governing body.
F.
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.
G.
Powers and duties generally. The 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 Law of 1953 (N.J.S.A. 2A:67A-1 et seq.) shall apply. It shall also 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 the provisions of this chapter in accordance with the provisions of the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.
(3)
To approve conditional use applications in accordance with the provisions of this chapter pursuant to N.J.S.A. 40:55D-67.
(4)
To participate in the preparation and review of programs or plans required by state or federal law regulations.
(5)
To assemble data on a continuing basis as part of a continuous planning process.
(6)
To annually prepare a program of municipal capital improvement projects over a term of six years and amendments thereto and recommend same to the governing body.
(7)
To consider and make a report to the governing body within 35 days after referral as to any proposed development regulation submitted to it pursuant to the provisions of N.J.S.A. 40:55D-26a, and also pass upon other matters specifically referred to the Planning Board by the governing body, pursuant to the provision of N.J.S.A. 40:55D-26b.
(8)
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 variances pursuant to N.J.S.A. 40:55D-70c from lot area, lot dimensional setback and yard requirements. Whenever relief is requested, pursuant to this subsection, 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.
(9)
To 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.
H.
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 or take other action required of the Board. Such person or persons shall serve at the pleasure of the Mayor.
§ 223-29 Previously granted permits and approvals.
Nothing in this chapter shall require any change in a construction permit, site plan, or zoning variance which was approved before the enactment of this chapter, but is in violation of this chapter, provided that construction based on such a construction permit shall have been started within one year from the effective date of this chapter, and, in the case of a site plan or variance, a construction permit shall have been issued within one year following the effective date of this chapter. In all instances the project shall be continuously pursued to completion, otherwise said approvals and permits shall be void.
§ 223-30 Compliance required.
All requirements of this chapter shall be met at the time of any erection, enlargement, moving or change in use. All developments resulting from subdivision and site plan approvals shall comply with all the design and performance standards, including conditions imposed by the approving authority as shown on the approved plat and/or included on the resolution adopted by the approving authority.
§ 223-31 Effect of new approval.
If there is a prior approval existing on any property that has been granted by the Planning Board or Zoning Board of Adjustment of the City of Union City that is still in existence at the time another approval is obtained from either of these Boards, then the prior approval shall be automatically vacated upon the subsequent approval.
§ 223-32 Conditional uses.
A.
Before any permit shall be issued for a conditional use, an application shall be made to the approving authority. The approving authority shall grant or deny the application after public hearing, but within 95 days of submission of a complete application to the administrative officer or within such further time as may be consented to by the applicant.
B.
Notice of the hearing for a conditional use shall include reference to all matters being heard, including site plan and/or subdivision, and the approving authority shall review and approve or deny the subdivision or site plan simultaneously with the conditional use application.
C.
Failure of the approving authority to act within the required time period shall constitute approval of the application.
D.
In reviewing the conditional use application, the approving authority shall review the number of employees or users of the property, the requirements set forth in this chapter, and shall give consideration to all reasonable elements which would affect the public health, welfare, safety, comfort and convenience, such as but not limited to the proposed use(s), the character of the area, vehicular travel patterns and access, pedestrianways, landscaping, lighting, signs, drainage, sewage treatment, potable water supply, utilities, and structural location(s) and orientation(s), and shall conduct a public hearing on the application.
F.
In all requests for approval of conditional uses, the burden of proof shall be on the applicant.
G.
All conditional uses shall require site plan review and approval by the approving authority, including changes, modifications or alterations from one conditional use to another conditional use, or changes, modifications or alterations within the same conditional use.
§ 223-33 Escrow deposits, application fees and inspection fees.
A.
Purpose. The purpose of this section is to provide for the establishment of a fee schedule for the payment of fees with respect to all applications submitted to the City of Union City pursuant to the City's zoning and land use regulations.
B.
Procedures.
(1)
Application fees covering administration and overhead shall be charged to the applicant and shall be submitted at the time of an application for a review or hearing by the Planning Board or Zoning Board of Adjustment.
(2)
In addition to the fees to be paid herein, the applicant shall submit escrow deposits at the time of submission of an application for a review or hearing by the Planning Board or Zoning Board of Adjustment.
(3)
All application fees and escrow funds shall be paid to the City's Tax Collector in cash, certified check, attorney's check, or money order made payable to the City of Union City. Application fees and escrow funds shall be paid to the City Tax Collector with separate certified checks or money orders. Along with the application fees and escrow funds, the applicant shall submit a letter breaking out the totals into its component parts, pursuant to Subsection B(4) and (5) below.
(4)
Where an application involves more than one of the categories itemized below, the fees and/or escrow deposit applicable to each category shall be required.
(5)
The escrow funds shall be deposited into a separate trust account by the City, pursuant to N.J.S.A. 40:55D-53.1, and if the deposit amount required is greater than $5,000, interest will accrue to the applicant. Disbursements may be made from the escrow fund only after approval by the City of Union City's Chief Financial Officer.
(6)
Escrow funds shall be placed in an escrow account by the Chief Financial Officer. Such funds shall be used to pay the Board's attorney, professional engineer, professional planner, traffic engineer, and other experts deemed necessary to review and comment on the application. Said experts shall submit vouchers to the City for all reasonable and necessary fees for review of the application, which fees shall be paid from the escrow account in a manner prescribed in N.J.S.A. 40:55D-53.2c and N.J.S.A. 40A:5-16 through 40A:5-18.
(7)
Where the review costs exceed the escrow deposit fee, the applicant shall pay the additional amount within 15 days of the request. Failure to remit the additional required deposit within the requested time line shall render the application incomplete, and no further action or proceedings shall be taken by the Planning Board or Zoning Board of Adjustment until after compliance. Where the review costs are less than the amount of the escrow deposit, the difference shall be returned to the applicant within 120 days of final disposition of the application.
(8)
In the event that an application is withdrawn, application fees are nonrefundable, but any escrow funds remaining at the time of withdrawal shall be returned to the applicant. If the same application is resubmitted at a later time, the applicant shall be required to repay all application fees and establish a new escrow account.
(9)
An application is deemed incomplete until all application fees and escrow deposits are submitted.