Upper Deerfield Township
City Zoning Code
City Zoning Code
ARTICLE XII
Planning Board
§ 405-83 Establishment and composition.
A.
There is hereby established, pursuant to N.J.S.A. 40:55D-1 et seq., in Upper Deerfield Township, a Planning Board of nine members, consisting of the following four classes:
(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 with the approval of the Township Committee, 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 are both a member of the Zoning Board of Adjustment and a member of the Board of Education among the Class IV members.
(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 with the approval of the Township Committee.
B.
The members of Class IV shall hold no other municipal office, except that one member 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 Planning Board member unless there are 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 of the Environmental Commission shall be deemed to be a Class II member of the Planning Board.
[Amended 12-30-2009 by Ord. No. 649]
C.
In addition to the foregoing, alternate members may be appointed to the Planning Board in Classes II, III and IV. Such alternate members shall not exceed one Class II, one in Class III and four in Class IV. Alternate members of Classes II and III shall be appointed for terms to expire at the same time as the terms of regular members of their respective classes. Alternate members of Class IV shall serve for terms of two years; provided, however, that the initial terms of such members shall be one and two years, respectively. The term of not more than two alternate members shall expire in one year. A vacancy occurring other than by expiration of term shall be filled by the appointing authority for the unexpired term only. Such alternate members shall be designated by the Mayor as "Alternate No. 1," "Alternate No. 2," "Alternate No. 3" and "Alternate No. 4" and shall serve during the absence or disqualification of any regular member or members of Class IV. Alternate members of each class shall be appointed by the same appointing authority as regular members of that class.
[Amended 2-7-2019 by Ord. No. 796]
§ 405-84 Terms of office.
A.
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 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 occurs first.
B.
The term of a Class IV member who is also a member of 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.
[Amended 12-30-2009 by Ord. No. 649]
C.
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 distributed evenly 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 terms of any present members of the Planning Board, all of whom shall continue in office until the completion of the terms for which they were appointed. Thereafter, all Class IV members shall be appointed for a term of four years or less, as needed to evenly distribute expiration dates as provided above.
D.
All terms shall run from January 1 of the year in which the appointment is made.
§ 405-85 Vacancies.
If a vacancy in any class shall occur otherwise than by expiration of term, it shall be filled by appointment as above provided for the unexpired term.
§ 405-86 Organization.
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 either a member of the Planning Board or a municipal employee designated by it.[1]
[1]
Editor's Note: Former § 98-77, Experts and staff, which immediately followed this section, was deleted 12-17-2009 by Ord. No. 645.
§ 405-87 Powers and duties generally.
The Planning Board is authorized to adopt bylaws governing its procedural operation. It shall also have the following powers and duties:
A.
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.
B.
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.
C.
To participate in the preparation and review of programs or plans required by state or federal law or regulations.
D.
To assemble data on a continuing basis as part of a continuous planning process.
E.
To annually prepare a program of municipal capital improvement projects projected over a term of six years, and amendments thereto, and recommend same to the governing body.
F.
To consider and make 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 provisions of N.J.S.A. 40:55D-26b.
G.
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 a zoning board of adjustment:
(1)
Variance pursuant to N.J.S.A. 40:55D-70c.
[Amended 10-28-1982 by Ord. No. 244]
(2)
Direction pursuant to N.J.S.A. 40:55D-34 for issuance of a permit for a building or structure in the bed of a mapped street or public drainageway, flood-control basin or public area reserved pursuant to N.J.S.A. 40:55D-32.
(3)
Direction pursuant to N.J.S.A. 40:55D-36 for issuance of permit for a building or structure not related to a street. 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.
H.
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.
§ 405-88 Citizens' 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.
§ 405-89 Submission of applications to 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.
§ 405-90 Rules and regulations.
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 (N.J.S.A. 2A:67A-1 et seq.) shall apply.
§ 405-91 Power of Planning Board.
[Added 12-30-2009 by Ord. No. 649[1]]
The powers of the Planning Board of the Township of Upper Deerfield shall include and it may exercise such powers as a zoning board of adjustment to the same extent and subject to the same restrictions as permitted by N.J.S.A. 40:55D-25(c).
[1]
Editor's Note: This ordinance also repealed former Art. XIV, Zoning Board of Adjustment, and incorporated provisions pertaining to the assumption of the powers of the Zoning Board of Adjustment by the Planning Board into this article.
§ 405-92 Adoption of rules and regulations
[Added 12-30-2009 by Ord. No. 649]
The Planning Board may adopt such additional rules and regulations as may be necessary to carry out and implement the provisions and purposes of this chapter and may issue subpoenas, administer oaths, and take testimony in accordance with the provisions of the County and Municipal Investigations Law, N.J.S.A. 2A:67-1 et seq.
§ 405-93 Functioning as ZBA.
[Added 12-30-2009 by Ord. No. 649]
A.
The Planning Board shall have the power to perform such functions of the Zoning Board of Adjustment with such limitations as may be permitted or imposed by law, including:
(1)
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 enforcement of the Zoning Ordinance.
(2)
Hear and decide, in accordance with the provisions of the Township of Upper Deerfield development regulations, requests for interpretation of the Zoning Map or Zoning Ordinance, or for decisions on other special questions upon which the Board is authorized to pass by the Zoning Ordinance or any other development regulation.
(3)
Where, by reason of exceptional narrowness, shallowness or shape of a specific piece of property or by reason of exceptional topographic conditions or by reason of other extraordinary and exceptional situation or condition of such piece of property, the strict application of any regulation in the Zoning Ordinance would result in peculiar and exceptional practical difficulties to or exceptional and undue hardship upon the owner of such property, to grant, upon an application or an appeal relating to such property, a variance from such strict application so as to relieve such difficulties or hardship, including a variance for a conditional use; provided, however, that no variance shall be granted under this subsection to allow a structure or use in a district restricted against such structure or use, and further provided that the proposed development does not require approval by the Planning Board of a subdivision, site plan, or conditional use in conjunction with which the Planning Board shall review a request for a variance pursuant to N.J.S.A. 40:55D-60a.
(4)
In particular cases and for special reasons, grant a variance to allow departures from regulations of this chapter, including but not limited to allowing a structure or use in a district restricted against such structure or use, but only by the affirmative vote of at least five members of the full authorized membership of the Board.
B.
No variance or other relief may be granted under the provisions 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. Any application under any subsection of 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 Planning Board shall act.
§ 405-94 Power to reverse, affirm or modify.
[Added 12-30-2009 by Ord. No. 649]
In exercising the above-mentioned powers, the Planning Board may, in conformity with the provisions of N.J.S.A. 40:55D-1 et seq., or amendments thereto or subsequent statutes applying, 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.
§ 405-95 Additional powers.
[Amended 3-1-1990 by Ord. No. 346; 9-20-2007 by Ord. No. 598; 12-30-2009 by Ord. No. 649]
A.
The Planning Board shall, in addition to the powers specified in § 405-93 of this article, have power given by law to:
(1)
Direct issuance of a permit pursuant to N.J.S.A. 40:55D-34 for a building or structure in the bed of a mapped street or public drainageway, flood-control basin or public area reserved on the Official Map.
(2)
Direct issuance of a permit pursuant to N.J.S.A. 40:55D-36 for a building or structure not related to a street.
B.
The Board shall have the power to grant subdivision or site plan approval pursuant to N.J.S.A. 40:55D-37 to 40:55D-58 or conditional use approval pursuant to N.J.S.A. 40:55D-67 and such additional powers as are set forth in N.J.S.A. 40:55D-76 whenever the Board is reviewing an application for approval of a use variance pursuant to § 405-93A(4) of this article.
C.
Pursuant to this chapter, any variance or other relief granted by the Planning Board shall expire and become void if construction, alteration or conversion has not been completed and the use thereof commenced within two years from the date of the Board's approval.
§ 405-96 Conflicts of interest.
[Amended 12-30-2009 by Ord. No. 649]
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.
§ 405-97 Meetings.
[Amended 12-30-2009 by Ord. No. 649]
A.
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.
B.
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 the Board's members and the public in accordance with all applicable legal requirements.
C.
No action shall be taken at any meeting without a quorum being present.
D.
All actions shall be taken by majority vote of the members of the municipal agency present at the meeting except as otherwise required by any provision of N.J.S.A. 40:55D-1 et seq.
E.
All regular meetings and all special meetings shall be open to the public. Notice of all such meetings shall be given in accordance with the requirements of the Open Public Meetings Act (N.J.S.A. 10:4-6 et seq.). An executive session for the purpose of discussion and studying any matters to come before the Board shall not be deemed a regular or special meeting in accordance with the provisions of N.J.S.A. 40:55D-9.
§ 405-98 Minutes.
[Amended 12-30-2009 by Ord. No. 649]
Minutes of every regular or special meeting shall be kept and include the names of the persons appearing and addressing the Board and of the persons appearing by attorney, the action taken by the Board, the findings, if any, made by it and reasons therefor. The minutes shall thereafter be made available for public inspection during normal business hours at the office of the Municipal Clerk. Any interested party shall have the right to compel production of the minutes for use as evidence in any legal proceeding concerning the subject matter of such minutes. Such interested party may be charged a fee for reproduction of the minutes for his use as provided for in the rules of the Board.
§ 405-99 Fees.
[Amended 12-30-2009 by Ord. No. 649]
Fees for applications or for the rendering of any service by the Planning Board, or any member of its administrative staff, which are not otherwise provided by ordinance may be provided for and adopted as part of the rules of the Board, and copies of said rules or of the separate fee schedule shall be available for the public.[1]
[1]
Editor's Note: Former Art. XIV, Zoning Board of Adjustment, as amended, and Art. XV, Provisions Applicable to Both Planning Board and Board of Adjustment, of Ch. 98, Zoning and Development, which previously followed this article, were deleted 12-30-2009 by Ord. No. 649. Ordinance No. 649 abolished the Zoning Board of Adjustment and transferred powers of the Zoning Board of Adjustment to the Planning Board. Ordinance No. 649 also amended and transferred several sections from former Arts. XIV and XV to former Art. XIII, Planning Board.