CHAPTER XIV PLANNING BOARD AND HISTORIC PRESERVATION COMMISSION

 

 

§ 1400    ESTABLISHMENT OF THE PLANNING BOARD

A.         A Planning Board is hereby re-established consisting of 9 regular and 4 alternate members of the following four classes:

1.         Class I - The Mayor or the Mayor's designee in the absence of 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, provided that any 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 regular or alternate members.

3.         Class III - A member of the governing body to be appointed by it.

4.         Class IV - Regular Members. Six other resident citizens of the Borough to be appointed by the Mayor. The members of Class IV shall hold no other municipal office, position, or employment except that one such member may be a member of the Historic Preservation Commission. No member of the Board of Education may be a Class IV member of the Planning Board, except that in the case of a nine-member board, one Class IV member may be a member of the Board of Education. If there be 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 a Class IV Planning Board member, unless there be among the Class IV or alternate members of the Planning Board both a member of the Historic Preservation Commission and a member of the Board of Education, in which case the member common to the Planning Board and Environmental Commission shall be deemed a Class II member of the Planning Board. For the purpose of this section, membership on a municipal board or committee whose function is advisory in nature, and the establishment of which is discretionary and not required by statute, shall not be considered the holding of a municipal office.

5.         Class IV - Alternate Members. Four other resident citizens of the Borough to be appointed by the Mayor. Alternate members shall meet the qualifications of Class IV regular members and shall be designated by the governing body at the time of their appointment as "Alternate No. 1", "Alternate No. 2", "Alternate No. 3", and "Alternate No. 4".

6.         The adoption of this Ordinance shall not be construed to affect any standing member of the Planning Board.

B.         Terms of Membership.

1.         The term of the member composing Class I shall correspond with his or her official tenure.

2.         The terms of the members composing Class II and Class III shall be for one year or shall 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 3 years or terminate at the completion of term of office as a member of the Environmental Commission, whichever comes first.

3.         The term of Class IV member who is also a member of the Board of Education shall terminate whenever he or she is no longer a member of such other body or at the completion of his or her Class IV term, whichever comes first.

4.         The term of each Class IV regular member shall be 4 years.

5.         The terms of the Class IV alternate members shall be 2 years, except that the terms of the alternate members shall be such that the term of not more than 1 alternate member shall expire any 1 year.

C.        Role of Alternate Members. 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.

D.        Vacancies. If a vacancy of any Class shall occur otherwise than by expiration of term, it shall be filled for the unexpired term, only.

E.         Compensation. Members of the Planning Board shall serve without compensation except that reimbursement of reasonable expenses in the execution of official duties may be made by the municipality.

F.         Removal. Any member other than a Class I member may be removed by the governing body for cause but only after public hearing and other due process proceedings.

G.        Conflict. No member or alternate member of the Planning Board shall be permitted to act on any matter in which he or she has either directly or indirectly any personal or financial interest. No member who is so disqualified may act on that particular matter, shall not continue to sit with the Board on the hearing of such matter, nor shall participate in any discussion or decision.

H.        Reorganization. Yearly, the Planning Board shall organize by selecting from among its Class IV regular members a chairman and a vice chairman. The Board shall also select a secretary who may or may not be a member of the Board or a municipal employee.

I.          Funding. The governing body shall make provisions in its budget and appropriate funds for the expenses of the Planning Board.

J.         Board Attorney. The position of Planning Board Attorney is hereby created. The Planning Board may annually appoint to such office and fix compensation or rate of compensation of an attorney-at-law of New Jersey other than the Municipal Attorney. The adoption of this Ordinance shall not be construed to affect any existing appointment.

K.         Staff. The Planning Board may also employ or contract for and fix compensation of such experts and other staff and services as it may deem necessary. The Board, however, shall not authorize expenditures which exceed, exclusive of gifts or grants, the amounts appropriated by the Borough Council for its use.

 

 

§ 1401    POWERS AND JURISDICTION OF THE PLANNING BOARD

The Planning Board shall have the powers listed below as well as any other powers established by law:

A.         Make, adopt, and from time to time after public hearing, 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;

B.         Participate in the preparation and review of programs or plans required by State or Federal law or regulation;

C.        Assemble data on a continuing basis as part of a continuous planning process;

D.        Annually, prepare a program of municipal capital improvements projects projected over a term of 6 years and amendments thereto and recommend same to the Borough Council;

E.         Consider and make report to the Borough Council within 35 days after referral as to any proposed development regulation revision, or amendment thereto, submitted to it and also pass upon other matters specifically referred to the Planning Board by the Borough Council;

F.         Prepare, at least every 6 years, a periodic reexamination of the Master Plan;

G.        The Planning Board shall have such other powers as prescribed by law, including, but not limited to those in Chapter XIV.

H.        Technical Review Committee

1.         The Chairman of the Planning Board may appoint a Technical Review Committee (TRC) which shall be advisory in nature.

a.         Only the Administrative Officer shall make a determination of completeness of an application, pursuant to the provisions of N.J.S.A. 40:55D-10.3.

b.         The TRC shall advise and assist the Planning Board in reviewing site plans, subdivision applications and variance applications as to the following:

(1)        The sketch plan/subdivision classification.

(2)        Proposed meeting dates for processing each application.

(3)        The appropriateness of simultaneous review of the preliminary and final subdivision and site plan.

(4)        Potential ordinance violations, necessary variances and specific site plan and subdivision considerations.

(5)        The technical aspect of the proposed plan, including but not limited to parking and circulation, lighting, signs, landscaping, drainage, building location and design.

c.         An applicant for development shall have the option of appearing before the TRC in order to hear comments regarding the application or to discuss the technical aspects of the application. The applicant may elect, if it so chooses, to bring its professional consultants to the TRC meeting at which its application is agendized for discussion. The TRC, in its exclusive discretion, may allot specific time allocations to the discussion of any application.

d.         The TRC may promulgate such rules and regulations as it may deem necessary for proper internal administration. A copy of such rules and regulations, when adopted, shall be kept on file with the Borough Clerk.

e.         The TRC shall consist of 4 members of the Planning Board; any 3 of the 4 Board members are selected to act as regular Committee members when Review Committee meetings are convened. Committee members are appointed on an application basis. TRC may be assisted by the Planning Board's professionals in the review of applications.

            All professional fees for TRC members shall be paid from the applicant's escrow account which shall be established prior to an application being placed on an agenda for discussion.

I.          Sign Review Committee

1.         The Chairman of the Planning Board may appoint a Sign Review Committee (SRC) which shall be advisory in nature.

a.         Only the Administrative Officer shall make a determination of completeness of an application, pursuant to the provisions of N.J.S.A. 40:55D-10.3.

b.         The SRC shall advise and assist the Planning Board in reviewing all applications for signs in the Downtown Business, Downtown Business II and Transition Commercial zones, as well as all sign applications that are a component of an application for site plan approval, as follows:

(1)        Signs will be reviewed for size, setback, content, graphics, colors, type of construction, illumination and height.

(2)        The SRC shall meet every 2 weeks, unless there are no sign applications to be reviewed.

c.         An applicant for development shall have the option of appearing before the SRC in order to hear comments regarding the application or to discuss the technical aspects of the application. The applicant may elect, if it so chooses, to bring its professional consultants to the SRC meeting at which its application is agendized for discussion. The SRC, in its exclusive discretion, may allot specific time allocations to the discussion of any application.

d.         The SRC may promulgate such rules and regulations as it may deem necessary for proper internal administration. A copy of such rules and regulations, when adopted, shall be kept on file with the Borough Clerk.

e.         The members of the Sign Review Committee shall be 5 including the Chair of the Planning Board (or his/her designee), 2 members of the Planning Board appointed by the Chair, a member of the Historic Preservation Commission (HPC), and 1 person to be appointed by the District Management Corporation of the Business Improvement District (or its designated employee) who lives in or owns or operates a business in the Borough. The Sign Review Committee may be assisted by the Planning Board's professionals in the review of applications. (Ord. No. 2011-8)

f.          Any professional fees if required shall be paid from the applicant's escrow account which shall be established prior to an application being placed on an agenda for discussion.

 

 

§ 1402    ADDITIONAL POWERS AND AUTHORITY OF THE PLANNING BOARD AS THE ZONING BOARD OF ADJUSTMENT

A.         The powers and authority formerly exercised by the Borough of Flemington Zoning Board of Adjustment shall hereafter be exercised by the Borough of Flemington Planning Board pursuant to N.J.S.A. 40:55d-25.

B.         The Class I and Class III members of said Planning Board will not participate in this consideration of applications for development which involve relief pursuant to Subsection (d) of Section 57 of the Public Laws 1975, c. 291 N.J.S.A. 40:55d-70d.

 

 

§ 1403    ADDITIONAL POWERS OF THE PLANNING BOARD (ACTING AS THE ZONING BOARD OF ADJUSTMENT)

The Planning Board shall have the power 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 the Administrative Officer based on or made in enforcement of this Ordinance.

B.         Hear and decide requests for interpretation of the Zoning Map or Land Development Ordinance or for decisions upon other special questions upon which the Zoning Board is authorized to pass on any Zoning Ordinance;

C.        Grant a variance from the strict application of a regulation, upon an application or an appeal, so as to relieve difficulties or hardships:

1.         Where by reason of exceptional narrowness, shallowness, or shape of a specific piece of property; or by reason of exceptional topographic conditions or physical features uniquely affecting a specific piece of property; or 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 zoning regulation would result in peculiar and exceptional practical difficulties to, or exceptional and undue hardship upon the developer of such property; or

2.         Where in an application or appeal relating to a specific piece of property the purposes of this Ordinance set forth in §2601 would be advanced by deviation from these Ordinance requirements and the benefits of the deviation would substantially outweigh any detriment, grant a variance to allow the departure from zoning regulations; provided, however, that no variance from those departures enumerated in §2601 shall be granted under this section; and provided, further, 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 has power to review a request for a variance pursuant to 40:55D-70.

D.        Grant a variance to allow a deviation from the requirements of this Ordinance, in particular cases and for special reasons 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 pertaining solely to a conditional use;

4.         An increase in the permitted floor area ratio;

5.         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; or

6.         A height of a principal structure which exceeds by 10 feet or 10 percent the maximum height permitted in the district for a principal structure.

7.         No variance or other relief may be granted under the terms of this section, including a variance or other relief involving an inherently beneficial use, without a showing that 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 zoning ordinance.

            A variance under this Subsection D. shall be granted only by the affirmative vote of at least 5 members.

E.         Report on Variances. The Planning Board shall, at least once a year, review its decisions on applications and appeals for variances and prepare and adopt by resolution a report of its findings on the provisions of this Ordinance which were the subject of variance requests and its recommendations for Land Development Ordinance amendment or revision, if any. The Planning Board shall send copies of the report and resolution to the Borough Council.

 

 

§ 1404    ESTABLISHMENT OF THE HISTORIC PRESERVATION COMMISSION

A.         A Historic Preservation Commission (HPC) is hereby established consisting of 5 regular members and 2 alternate members, each of whom shall be appointed by the Mayor, of the following 3 classes:

1.         Class A - Persons who are knowledgeable in building design and construction or in architectural history;

2.         Class B - Persons who are knowledgeable or have a demonstrated interest in local history;

3.         Class C - Persons who are residents of the municipality and who hold no other municipal office, position or employment except for membership on the Planning Board.

4.         There shall be at least one regular member from each class.

5.         Alternate members shall meet the qualifications of Class C members and shall be designated "Alternate No. 1" and "Alternate No. 2" at the time of appointment.

B.         Terms of Membership.

1.         The term of each regular member shall be 4 years and the term of each alternate member shall be 2 years.

2.         Alternate Members. Alternate members shall be designated at the time of their appointment as "Alternate No. 1" and "Alternate No. 2."

3.         The term of any member in common with the Planning Board shall be for the term of membership on such Board.

C.        Role of Alternate Members. 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.

D.        Vacancies. If a vacancy shall occur otherwise than by expiration of term, it shall be filled by appointment for the unexpired term, only.

E.         Compensation. Members of the HPC shall serve without compensation except that reimbursement of reasonable expenses in the execution of official duties may be made by the municipality.

F.         Removal. Any member may be removed by the governing body for cause but only after public hearing and other due process proceedings.

G.        Conflict. No member or alternate member of the HPC shall be permitted to act on any matter in which he or she has either directly or indirectly any personal or financial interest. No member who is so disqualified may act on that particular matter, shall not continue to sit with the Commission on the hearing of such matter, nor shall participate in any discussion or decision.

H.        Organization. The HPC shall elect from its members a chairman and vice-chairman and select a secretary who may or may not be a member of the HPC or a municipal employee.

I.          Funding. The governing body shall make provisions in its budget and appropriate funds for the expenses of the Historic Preservation Commission.

J.         Rules and Procedures. The HPC shall adopt and may amend internal rules and procedures for the transaction of its business subject to the following:

1.         A quorum for any action by the HPC shall be 3 members.

2.         All HPC minutes and records shall be public records.

3.         All HPC meetings shall comply with the Open Public Meetings Act (N.J.S.A. 10:4-7 et seq.).

4.         HPC meetings shall be scheduled at least once every month or as often as required to fulfill its obligations to advise the Planning Board, governing body, or construction official.

K.         Role of the HPC. The Planning Board is empowered to oversee the system of preservation regulations to complement existing land use regulation and shall review and grant final approval for the HPC's designation of buildings, structures, sites, objects and districts having historic significance. Based on the advice and recommendation of the HPC, the Planning Board shall make the final determination on the approval of development applications.

            For applications that would otherwise not require Planning Board review, the Zoning Officer shall refer the application to the HPC for a written report on the application. This report shall be submitted to the Planning Board which shall make a final decision on the matter and report to Administrative Officer. The report of HPC and Final Report of Planning Board shall be sent to Administrative Officer within 45 days of the referral to the HPC. The Administrative Office shall follow any recommendations of the Planning Board with respect to denial of a permit or inclusion of conditions of a permit. Failure of Planning Board to report within the 45 day period shall constitute a determination that the application is consistent with the Historic District regulations and that no condition on the issuance of the permit shall be imposed.

L.         The HPC shall advise the Planning Board from time to time through the process of amending the Historic Preservation Element of the Master Plan.

M.        The HPC shall recommend to the Planning Board guidelines for review to be utilized in determinations of historic landmark status and for review of development applications or permits affecting historic landmarks or improvements within historic districts. The Planning Board may recommend modifications of the guidelines.

 

 

§ 1405    POWERS AND RESPONSIBILITIES OF THE HISTORIC PRESERVATION COMMISSION

The Historic Preservation Commission shall have the following duties and responsibilities:

A.         To prepare a survey or surveys of historic sites and districts pursuant to criteria established in such survey;

B.         To make recommendations to the Planning Board on the Historic Preservation Element of the Master Plan and on the implications of any other Element on the preservation of historic sites and districts;

C.        To advise the Planning Board on the inclusion of historic sites in the recommended capital improvement program;

D.        To advise the Planning Board on applications for development;

E.         Provide written reports on the application of the zoning provisions of this Ordinance or other land development regulations on historic sites and districts;

F.         Provide technical assistance upon request to property owners on the preservation, restoration, and rehabilitation of historic structures;

G.        To carry out such other advisory, educational, and informational functions as will promote historic preservation in the municipality.

 

 

§ 1406    DIVISION OF JURISDICTION IN DEVELOPMENT APPLICATIONS

A.         Planning Board. The following provisions set forth the jurisdiction of the Planning Board in the review of development applications:

1.         The Planning Board shall have the power to grant subdivision or conditional use approval simultaneously with site plan approval.

 

 

§ 1407    PROVISIONS APPLICABLE TO THE PLANNING BOARD

A.         Meetings.

1.         Meetings of the Planning Board shall be scheduled at least once a month, and any meeting so scheduled shall be held as scheduled unless canceled for lack of applications for development to process.

2.         Special meetings may be scheduled for at the call of the chairman or on the request of any 2 Board members, which shall be held on notice to its members and the public in accordance with the Open Public Meetings Act.

3.         Actions at Meetings; Quorum. All agenda items requiring action by the Board, except adjournments, shall be taken with a quorum present.

4.         All actions shall be taken by a majority vote of the members present at such meeting, except as otherwise provided in this Article or N.J.S.A. 40:55D. Failure of a motion to receive the number of votes required to approve an application for development pursuant to the exceptional vote requirements of §1400 shall be deemed an action denying the application. A member of the Board who was absent for 1 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 or her absence from one or more of the meetings: provided, however, that such a Board member has available to him or her the transcript or recording of all the hearings from which he or she was absent, and certifies in writing to the Board that he or she has read such transcript or listened to such recording.

5.         All 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. An executive session for the purpose of discussing and studying any matters to come before the agency shall not be deemed a regular meeting within the meaning of this Ordinance.

B.         Records of the Board.

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. Such interested party shall be charged a reasonable fee for the reproduction of the minutes, as indicated in §2800 of this Ordinance.

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 or her expense, provided that the charge for a transcript shall not exceed the maximum amount permitted in N.J.S.A. 2B:7-1 et seq. as indicated in §2800 of this Ordinance. Each transcript shall be certified in writing by the transcriber to be accurate.

 

 

§ 1408    PUBLIC HEARINGS

A.         The Planning Board shall hold a public hearing on each application for development, except for application where no public hearing is required. The Board shall make the rules governing such hearings. Public hearings shall be scheduled by the Board or its designee.

B.         Any maps and documents for which approval is sought at a hearing shall be on file in the office of the Administrative Officer and available for public inspection during normal business hours at least 10 days before the date of the hearing. If maps or related material are to be revised as a result of any approving authority, the applicant shall file copies of all revised maps and related material as required in Chapter XV, with revision date noted on same, at least 10 days prior to the meeting of the approving authority at which discussion and /or hearing is scheduled to take place.

C.        The applicant may produce other documents, records or testimony at the hearing to substantiate or clarify or supplement the previously filed maps and documents.

D.        The public hearing shall be held in accordance with N.J.S.A. 40:55D-10. The officer presiding at the hearing, or his or her designee, 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," N.J.S.A. 2A:67A-1 et seq. shall apply.

E.         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.

F.         Technical rules of evidence shall not be applicable to the hearing, but the Board may exclude irrelevant, immaterial or unduly repetitious evidence.

G.        If the approving authority requires, or the applicant proposes, in the event any substantial amendment in the layout of improvements proposed by the developer that have been the subject of a hearing, an amended application for development shall be submitted and proceeded upon, as in the case of the original application.

 

 

§ 1409    DECISIONS

A.         The municipal agency shall include findings of fact and conclusions based thereon in each decision on any application for development and shall reduce the decision to writing. The municipal agency shall provide the findings and conclusions through:

1.         A resolution adopted at a meeting held within the time period provided in this section for action by the municipal agency on the application for development; or

2.         A memorializing resolution adopted at a meeting held not later than 45 days after the date of the meeting at which the municipal agency voted to grant or deny approval. Only the members of the Planning Board who voted for the action taken may vote on the memorializing resolution, and the vote of a majority of such members present at the meeting at which the resolution is presented for adoption shall be sufficient to adopt the resolution. An action resulting from the failure of a motion to approve an application shall be memorialized by resolution as provided above, with those members voting against the motion for approval being the members eligible to vote on the memorializing resolution. The vote on any such resolution shall be deemed to be a memorialization of the action of the municipal agency; however, the date of the adoption of the resolution shall constitute the date of the decision for the purposes of the mailings, filings, and publications required by §1413.

 

 

§ 1410    PUBLIC NOTICE OF A HEARING

The following public notice requirements shall apply to all hearings of the Planning Board (except for notice regarding a minor subdivision or site plan application, where required pursuant to §1506 shall apply).

A.         Public notice of a hearing shall be given by the applicant for the following applications for development:

1.         Any request for a variance;

2.         Any request for conditional use approval;

3.         Any request for the issuance of a permit to build within the bed of a mapped street or public drainage way or on a lot not abutting a street;

4.         Any request for general development plan approval;

5.         Any request for preliminary major subdivision approval;

6.         Any request for interpretation of this Ordinance or Zoning Map;

7.         Any request for preliminary major site plan; and

8.         Any request for major site plan approval involving Subsections A.1. through A.3.

9.         Appeals pursuant to N.J.S.A. 40:55D-70a or b.

B.         Public notice shall not be required for the following applications.

1.         Concept or informal plan review.

2.         Final subdivision plan.

3.         Final site plan.

4.         Any other type of application or action by the Board not specifically enumerated in §1401.

C.        The secretary of the Planning Board shall notify the applicant at least 2 weeks prior to the public hearing for the subject application. 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:

1.         By publication in the official newspaper of the Borough.

2.         To all owners of real property as shown on the current tax duplicate located in the State and within 200 feet in all directions of the property which is the subject of the hearing; provided that this requirement shall be deemed satisfied by notice to a condominium association, in the case of any unit owner whose unit has a unit above or below it, or horizontal property regime, in the case of any co-owner whose apartment has an apartment above or below it. Notice shall be given by serving a copy on the property owner, as shown on the current tax duplicate, or his or her agent in charge of the property; or by mailing a copy thereof by certified mail to the property owner at his or her address as shown on the current tax duplicate. It is not required that a return receipt be obtained. Notice shall be deemed complete upon mailing.

3.         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, vice president, secretary or other person authorized by appointment or by law to accept service on behalf of the corporation. Notice to a condominium association, horizontal property regime, community trust or homeowner's association, because of its ownership of common elements or areas located within 200 feet of the property which is the subject of the hearing, may be made in the same manner as to a corporation without further notice to unit owners, coowners, or homeowners on account of such common elements or areas.

4.         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.

5.         To the Hunterdon County Planning Board by personal service or certified mail 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, or is situated within 200 feet of a municipal boundary.

6.         To the Commissioner of the Department of Transportation of the State of New Jersey by personal service or certified mail when the property abuts a State highway.

7.         To the State Planning Commission, by personal service or certified mail 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.

8.         Additionally, the applicant shall be responsible for giving proper notice to all property owners who do not reside within the municipality.

D.        Property List. Under the written request of an applicant, the Tax Assessor shall, within 7 days, make and certify a list from current tax duplicates of names and addresses of owners within the municipality to whom the applicant shall be charged $10.00 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.

E.         Proof of Service. The applicant shall file an affidavit or proof of service with the approving authority at least 3 days prior to the opening of the public hearing.

F.         Contents of Notice. 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.

G.        In case of a discrepancy between the foregoing provisions of this §1410 and the requirements of the Municipal Land Use Law, the requirements of the Municipal Land Use Law shall apply.

 

 

§ 1411    STANDARDS FOR GRANT OF VARIANCE

A.         No variance or other relief may be granted under the terms of this Article 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 this Ordinance.

B.         Any variance from the terms of this Article 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 if no other period of duration is established by the Board granting the variance, 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 permitted use has actually been commenced, within 12 months from the date of entry of the judgment or determination of the approving authority; 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 approving authority to a court of competent jurisdiction, until the termination in any manner of such appeal or proceeding.

 

 

§ 1412    APPEALS AND APPLICATIONS TO THE PLANNING BOARD

A.         Appeals to the Planning Board may be taken by an interested party affected by any decision of the Administrative Officer of the municipality based on or made in the enforcement of the zoning provisions of this Ordinance or a duly adopted official map. Such appeal shall be taken within 20 days by filing a notice of appeal with the official from whom the appeal was taken, specifying the grounds of such appeal. The official 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 Planning Board for action under any of its powers without prior application to the Administrative Officer.

 

 

§ 1413    NOTICE OF DECISIONS

Any decision of the Planning Board when acting upon an application for development shall be given notice in the following manner:

A.         Mailing of Decision. A copy of the decision shall be mailed to the applicant and to the appellant, if the appellant is a differing interested party, or, if either or both is represented, then to the respective attorney(s) without charge, and for a reasonable charge to any other interested person who has requested it, not later than 10 days after the date of the decision.

B.         Newspaper Notice of Decision. A brief notice of every final decision shall be published in the official newspaper of the municipality. Such publications shall be arranged by the Board Secretary without separate charge to the applicant or to the appellant, if the appellant is a differing interested party. The notice shall be sent to the official newspaper for publication within 10 days of the date of any such decision.

C.        Filing of Decision. A copy of the decision and all submitted documents of record shall be filed with the Administrative Officer.

 

 

§ 1414    EXCEPTIONS, WAIVERS, AND SPECIAL AREA STANDARDS FOR THE RESIDENTIAL SITE IMPROVEMENT STANDARDS

(N.J.A.C. 5:21-3)

A.         Exceptions (N.J.A.C. 5:21-3.1).

1.         The approving authority may grant such de minimis exceptions from the requirements of the site improvement standards as may be reasonable and within the general purpose and intent of the Residential Site Improvement Standards (RSIS) if the literal enforcement of one or more provisions of the standards is impracticable or will exact undue hardship because of peculiar conditions pertaining to the development in question.

2.         An application for an exception pursuant to this section shall be filed in writing with the approving authority and shall include:

a.         A statement of the requirements of the standards from which an exception is sought;

b.         A statement of the manner by which strict compliance with said provisions would result in practical difficulties; and

c.         A statement of the nature and extent of such practical difficulties.

3.         Exceptions shall become a part of the construction documents and shall be retained by the Board of Jurisdiction.

4.         Within 30 days of granting a de minimis exception request, a municipal approving authority agreeing to an exception pursuant to this section shall send a copy of the document(s) constituting the de minimis exception resolution and/or document to the New Jersey Department of Community Affairs, Division of Codes and Standards, 101 South Broad Street, CN 802, Trenton, NJ 08625-0802. Such notice shall be clearly marked "Site Improvement Exception(s)."

5.         An application for an exception may also be made by an officer or agency of the municipality.

6.         Examples of de minimis exceptions include, but are not limited to, the following:

a.         Reducing the minimum number of parking spaces and the minimum size of parking stalls;

b.         Reducing the minimum geometrics of street design, such as curb radii, horizontal and vertical curves, intersection angles, centerline radii, and others;

c.         Reducing cartway width; and

d.         Any changes in standards necessary to implement traffic calming devices.

7.         The approving authority's granting of a request for a de minimis exception shall be based on a finding that the requested exception meets the following criteria:

a.         It is consistent with the intent of the Site Improvement Act;

b.         It is reasonable, limited, and not unduly burdensome;

c.         It meets the needs of public health and safety; and

d.         It takes into account existing infrastructure and possible surrounding future development.

B.         Waiver Request (N.J.A.C. 5:21-3.2).

1.         The Borough or developer may, in connection with a specific development, request a waiver of any site improvement standard adopted under this section in accordance with N.J.S.A. 40:55D-40.4(c). A waiver request may also be made jointly by a municipality and a developer.

2.         The Site Improvement Advisory Board may approve a request for a waiver based on any danger to public health and safety that would be caused by adherence to a standard specified in this section.

3.         A waiver may be requested by the Borough or a developer, or the request may be made jointly. The waiver request shall consist of the following:

a.         A copy of the development application as submitted to the municipal approving authority; and

b.         A brief memorandum to the Commissioner of the Department of Community Affairs containing sufficient information upon which to base a determination, including:

(1)        A short description of the project in narrative form;

(2)        A citation to the particular site improvement standard from which waiver is requested;

(3)        A clear description of the condition(s) giving rise to the request;

(4)        A clear description of the anticipated result if the standard were to be followed;

(5)        The name, address, and telephone number of a contact person for the developer; and

(6)        The name, address, and telephone number of a contact person for the municipal approving authority.

c.         The party requesting the waiver shall send the request to the New Jersey Department of Community Affairs, Division of Codes and Standards, 101 South Broad Street, CN 802, Trenton, NJ 08625-0802.

d.         Where a waiver is requested by the developer, the developer shall send a copy of the request to the administrative officer of the municipality concerned. Where a waiver is requested by the Borough, the Borough shall send a copy of the request to the developer.

e.         A waiver may be requested by the developer or the Borough approving authority at any time during the pendency of a development application. The Site Improvement Advisory Board recommends submission of a waiver request early in the application process or prior to the submission of a formal development application. If the applicant or the approving authority determines during the approving authority review process that a waiver request is appropriate, the approving authority shall give consideration whenever possible to the granting of an extension for the purpose of pursuing a waiver. In some cases it may be impracticable for the party requesting or appealing a waiver to complete the waiver process within the time guidelines of the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.; see, for example, N.J.S.A. 40:55D-45.3, 46(c), 46.1, 47, 48, and 50). In such cases, the municipal approving authority may provide for the disposition of the waiver as a condition of its approval.

f.          There is no fee for requesting a waiver.

CHAPTER XIV PLANNING BOARD AND HISTORIC PRESERVATION COMMISSION
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