There is hereby established pursuant to the Municipal Land Use Law a Planning Board consisting of nine (9) members of the following four (4) classes and alternate members as hereinafter provided:
a. Class I.
The Mayor or his designee appointed to sit in place of, and act on behalf of the Mayor in his or her absence pursuant to N.J.S.A. 40:5513-23. Such designee shall serve at the pleasure of the Mayor.
b. Class II..
One (1) of the officials of the municipality other than a member of the Governing Body to be appointed by the Mayor. The member of the Environmental Commission who is also a member of the Planning Board shall 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 or alternate members of Planning Board.
c. Class III..
A.member of the Governing Body to be appointed by the Governing Body.
d. Class IV.
Six (6) other citizens of the municipality to be appointed by the Mayor. The members of Class IV shall hold no other municipal office except that one (1) member may be a member of the Zoning Board of Adjustment and one (1) may be a member of the Board of Education. The member of the Environmental Commission who is also a member of the Planning Board 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 Zoning Board of Adjustment and a member of the Board of Education, in which case the member of the Environmental Commission shall be the Class II member of the Planning Board.
e. Alternate Members.
Not more than two (2) alternate members of the Planning Board to be appointed by the Mayor. Such alternate members shall be designated by the Mayor as "Alternate #1" and "Alternate #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. In the event that a choice must be made as to which alternate member is to vote, Alternate #1 shall vote. A vote shall not be delayed in order that a regular member may vote instead of an alternate member. Alternate members shall meet the qualifications pertaining to Class IV members of the Planning Board.
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 (1) year or terminate at the completion of their respective terms of office, whichever occurs first, unless the Class II member 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 (3) years or terminate at the completion of his term of office as a member of the Environmental Commission, whichever comes first.
The term of a Class IV member who is also a member of the Board of Adjustment or the Board of Education shall terminate whenever he/she is no longer a member of such other body or at the completion of his/her Class IV term, whichever occurs first.
All Class IV members shall be appointed for terms of four (4) years except as otherwise herein provided. All terms shall run from January 1 of the year the appointment is made.
Alternate members shall be appointed for terms of two (2) years running from January 1 of the year each appointment is made, and the term of not more than one (1) alternate member shall expire in any given year.
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.
If the Planning Board lacks a quorum because any of its regular or alternate members are prohibited from acting due to a conflict, regular members of the Board of Adjustment shall be called upon to serve, for that matter only, as temporary Planning Board Members. They shall be called in order of seniority of continuous service, until a quorum of qualified members is reached. Where members have equal seniority, the Chairman of the Board of Adjustment shall choose the order in which they are called. (Ord. No. 20-1993)
The Planning Board shall annually elect a Chairman and a Vice-Chairman from the regular Class IV members and select a Secretary who may be either a member of the Planning Board or a municipal employee designated by the Board.
Any member other than a Class I member, after a public hearing if he/she requests one, may be removed by the Borough Council for cause.
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 for the Planning Board Attorney, who shall be an attorney other than the Borough Attorney.
The Planning Board may also employ or contract for the services of experts and such other staff and services as it may deem necessary. The Board shall not, however, exceed, exclusive of applicant escrow, gifts, or grants, the amount appropriated by the Governing Body for its use.
The Governing Body shall make provisions in its budget and appropriate funds for the expenses of the Planning Board. (New)
The Planning Board may adopt bylaws governing its procedural operations. 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 Borough pursuant to N.J.S.A. 40:55D-28 which Master Plan shall give due consideration to the relationship between the proposed physical development of the Borough and the master plans for those areas outside its boundaries which, in the Board's judgment, may affect or be affected by development within the Borough.
b. To administer the provisions of the development plan review regulations of the Borough in accordance with this chapter and the Municipal Land Use Law (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 consider and make report to the Governing Body within thirty-five (35) days after referral as to any proposed development regulation submitted to the Board pursuant to the provisions of N.J.S.A. 40:55D-26(a) and also to review any matters which may be specifically referred to the Planning Board by the Borough Council pursuant to the provisions of N.J.S.A. 40:55D-26(b), including, but not limited to, the following:
1. Acquisition by purchase, lease or otherwise of buildings and land.
2. Sale of Borough-owned buildings and land.
3. Vacation of Borough and public rights in streets, alleys and thoroughfares pursuant to law.
4. Creation of Borough parks and other recreational areas and facilities.
f. To annually prepare a program of municipal capital improvement projects projected over a term of six (6) years, and amendments thereto, and recommend same to the Governing Body.
g. When reviewing applications for approval of development plans, including those involving conditional uses, to grant to the same extent and subject to the same restrictions as the Zoning Board of Adjustment:
1. Variances pursuant to N.J.S.A. 40:55D-70C.
2. Authorization for the 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 on the official map.
3- Authorization for the issuance of a permit for a building car structure-not related to a street.
Whenever relief is requested pursuant to this subsection, notice of the hearing on the application for development shall include reference to the request for variance or direction for the issuance of a permit, as the case may be.
h. To perform such other advisory duties as are assigned by ordinance or by resolution of the Governing Body for the aid and assistance of the Governing Body or other Borough agencies or officers.
The Board shall act on all development applications in accordance with all time limits set forth in N.J.S.A. 40:55D-1 et seq. or within such further time as consented to by the applicant in writing.
The Mayor may appoint one (1) 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.
The Planning Board shall make available to the Environmental Commission for its review and comment an informational copy of every development plan submitted 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.
The Planning Board shall adopt such rules and regulations as may be necessary to effectuate the provisions and purposes of this chapter. Said rules and regulations shall include the definition of a complete application and shall provide that the Board review, on the record, the reports and recommendations of each municipal officer or agency with respect to each development plan referred to them by the terms of this chapter.
a. Membership.
A.Zoning Board of Adjustment is hereby established consisting of seven (7) residents of the Borough of Roseland recommended by the Mayor and approved by the Borough Council to serve for terms of four (4) years each running from January 1 of the year of their respective appointments. No member of the Zoning Board of Adjustment may hold any elective office or position under the municipality.
In addition to the regular members, there may be not more than two (2) alternate members of the Zoning Board of Adjustment, to be recommended by the Mayor and approved by the Borough Council for terms of two (2) years running from January 1 of the year each appointment is made. The term of not more than one (1) alternate member shall expire in any given year. Alternate members shall be designated by the Mayor as "Alternate #1" and "Alternate #2" as recommended by the Mayor and approved by the Borough Council. Alternate members may participate in discussions of the proceedings but may not vote except in the absence or disqualification of a regular member. In the event that a choice must be made as to which alternate member is to vote, Alternate #1 shall vote. A vote shall not be delayed in order that a regular member may vote instead of an alternate member. The qualifications and restrictions relating to regular members are also applicable to the alternate members.
b. Vacancy
A.vacancy occurring otherwise than by expiration of term shall be filled as above provided for the unexpired term only.
The Zoning Board of Adjustment shall annually elect a Chairman and Vice Chairman from among its regular members and select a Secretary who may be either a Board member or a municipal employee designated by the Board.
If the Board of Adjustment lacks a quorum because any of its regular or alternate members are prohibited from acting due to a conflict, Class IV members of the Planning Board shall be called upon to serve, for that matter only, as temporary Board of Adjustment members. They shall be called to serve in order of seniority of continuous service, until a quorum is reached. Where members have equal seniority, the Chairman of the Board shall choose the order in which they are called.
There is hereby created the office of Attorney to the Zoning Board of Adjustment. The Zoning Board of Adjustment shall annually appoint, fix the compensation of or agree upon the rate of compensation for the Zoning Board of Adjustment Attorney, who shall be an attorney other than the Borough Attorney.
The Zoning Board of Adjustment may also employ or contract for and fix the compensation of such experts and staff and services as it may deem necessary. The Board shall not authorize expenditures which exceed, exclusive of applicant escrow, gifts, or grants, the amount appropriated by the Governing Body for its use.
The Governing Body shall make provision in its budget and appropriate funds for the expenses of the Zoning Board of Adjustment. (New)
The Zoning Board of adjustment 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 an administrative officer based on or made in the enforcement of the Zoning Regulations of this chapter.
b. Hear and decide requests for interpretation of the Zoning Map or ordinance or for decisions upon other special questions upon which such Board is authorized to pass by any zoning or official map ordinance.
c. (1) Where: (a) by reason of exceptional narrowness, shallowness or shape of a specific piece of property, or (b) 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 this chapter would result in peculiar and exceptional practical difficulties to, or exceptional and undue hardship upon, the developer of such 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 purposes of this act would be advanced by a deviation from the Zoning Ordinance requirements and the benefits of the deviation would substantially outweigh any detriment, grant a variance to allow departure from regulations pursuant to this chapter; provided, however, that the fact that a proposed use is an inherently beneficial use shall not be dispositive of a decision on a variance under this subsection and provided that no variance from those departures enumerated in paragraph d. of this subsection shall be granted under this paragraph; 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 this chapter; and
d. In particular cases for special reasons, grant a variance to allow departure from regulations pursuant to this chapter 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 this chapter pertaining solely to a conditional use, (4) an increase in the permitted floor area ratio as defined in this chapter, (5) an increase in the permitted density as defined in this chapter, 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 ten (10) feet or ten (10%) percent the maximum height permitted in the district for a principal structure. A variance under this subsection shall be granted only by affirmative vote of at least five (5) members.
If an application for development requests one or more variances but not a variance for a purpose enumerated in paragraph d. above, the decision on the requested variance or variances shall be rendered under paragraph c. of this subsection.
No variance or other relief maybe granted under the terms of this subsection, 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. In respect to any airport safety zones delineated under the "Air Safety and Zoning Act of 1983," P.L. 1983, c. 260 (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 standards promulgated pursuant to that act, except upon 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 Zoning Board of Adjustment shall act. (N.J.S.A. 40:55D-70)
The Zoning Board of Adjustment shall, in addition to the powers specified in subsection 30-602.7, have the power given by law to:
a. Authorize 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 on the Official Map; but only if the application does not require approval by the Planning Board of a subdivision, site plan or conditional use.
b. Authorize issuance of a permit for a building or structure not related to a street; but only if the application does not require approval by the Planning Board of a subdivision, site plan or conditional use.
c. Grant, to the same extent and subject to the same restrictions as the Planning Board, development plan and/or conditional use approval whenever the Board is reviewing an application for approval of variance pursuant to subsection 30-602.7, provided, however, that the exercise of this power shall be limited to that lot (or lots) for which a variance is requested, or upon which a proposed variant use, structure or condition is to be situated.
Whenever the Zoning Board of Adjustment has jurisdiction over an application for a variance pursuant to subsection 30-602.7, the developer may elect to submit a separate application requesting approval of the variance and a subsequent application for any required approval of a development plan and/or conditional use. The separate approval of the variance shall be conditioned upon the grant of all required subsequent approvals by the Zoning Board of Adjustment, and no such subsequent approvals shall be granted unless such approvals can be granted without substantial detriment to the public good and without substantial impairment of the intent and purpose of the zone plan and zoning requirements of this chapter. The number of votes required to grant any such subsequent approvals shall be as provided in this chapter for approvals by the Planning Board.
(Ord. No. 20-1993)
a. Applications addressed to the original jurisdiction of the Zoning Board of Adjustment without prior application to the Zoning Officer shall be filed with the Secretary to the Board and the Zoning Officer. At the time of filing the application, the applicant shall also file all plans, maps or other papers required by virtue of any provisions of this chapter. The applicant shall obtain all necessary forms from the Secretary to the Board, who shall inform the applicant of the steps to be taken to initiate proceedings and of the regular meeting dates of the Board.
b. Appeals to the Zoning Board of Adjustment may be taken by any person aggrieved or affected by the decision of the Zoning Officer of the municipality made in the enforcement of this chapter or the official map. Each appeal shall be taken within the twenty (20) days prescribed by the Statute by filing a notice of appeal with the officer from whom the appeal was taken, together with ten (10) copies of said notice with the Secretary to the Board. Notice of appeal shall specify the grounds for 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.
c. An appeal to the Zoning Board of Adjustment stays all proceedings in furtherance of the action in respect to which the decision appealed from was made, unless the officer from whose action the appeal is taken certifies to the Zoning 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 case, proceedings shall not be stayed other than by order of the Superior Court of New Jersey upon notice to the officer from whom the appeal is taken and on due cause shown.
d. In exercising the appeal power, the Zoning 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 requirement, decision or determination as ought to be made, and to that end, have all the powers of the officer from whose decision the appeal was taken.
The Board shall act on all development applications in accordance with all time limits set forth in N.J.S.A. 40:5513-1 et seq. or within such further time as consented to by the applicant in writing.
Any variance from the terms of this chapter granted by the Zoning Board of
Adjustment 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 actually been commenced on each and every structure permitted by the variance, or unless such use permitted by said variance has actually been commenced within one (1) year from the date of decision by the Zoning Board of Adjustment. In the event that an appeal is filed from the decision of the Zoning Board of Adjustment, the running of the period of limitation herein provided shall be suspended from the date the appeal is filed with the Governing Body or court of competent jurisdiction until the termination in any manner of such appeal or proceeding. At the request of the applicant, the Zoning Board of Adjustment may grant an extension of the previously stipulated period for up to twelve (12) additional months but not more than one (1) such extension shall be granted. In the case where an application for variance relief has been approved subject to the subsequent approval of a separate development plan application, the approval of the variance shall stipulate a reasonable tine period within which an application for preliminary of final approval of the development plan shall be submitted before the approval of the variance shall expire. At the request of the applicant, the Zoning Board of Adjustment may grant an extension of the previously stipulated period for up to twelve (12) additional months but not more than one (1) such extension shall be granted.
