The Planning Board previously established is hereby continued pursuant to the Municipal Land Use Law (N.J.S.A. 40:55D-1, et seq.) in the Township of Roxbury and shall consist of nine (9) members consisting of the following four classes:

CLASS I - The Mayor, or the Mayor's designee in the absence of the Mayor.

CLASS II - One of the officials of the municipality other than a member of the Governing Body to be appointed by the Mayor.

CLASS III-A member of the Governing Body to be appointed by it.

CLASS IV - Six (6) other citizens of the municipality to be appointed by the Township Council. The members of Class IV shall hold no other municipal office, position or employment, except that one such member may be a member of either the zoning board of adjustment or historic preservation commission and one Class IV member may be a member of the board of education. The member of the environmental commission who is also a member of the planning board, as required by section 1 of P.L. 1968, c.245 (C.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 either the zoning board of adjustment or historic preservation commission and a member of the board of education, in which case the member common to the planning board and the environmental commission shall be deemed a Class 11 member of the planning board. For the purpose of this section, membership on a municipal board or commission 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 municipal office.

The term of the member composing Class I shall correspond to the Mayor's official tenure, or, if the member is the Mayor's designee in the absence of the Mayor, the designee shall serve at the pleasure of the Mayor during the Mayor's 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, 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 (3) years or terminate at the completion of the member's term of office as a member of the environmental commission, whichever occurs first. The terms of a Class IV member who is also a member of the zoning board of adjustment or the board of education shall terminate whenever he or she is no longer

a member of such body or at the completion of his or her Class IV term, whichever occurs first. The terms of all other Class IV members shall be four (4) years.

Nothing herein shall effect the term of any present member of the planning board all of whom shall continue in office until the completion of the terms for which they are appointed.

All terms shall run from January 1 of the year in which the appointment was made.

No member shall be permitted to act on any matter in which a member has, either directly or indirectly, any personal or financial interest. A member other than a Class I member may, after public hearing, if the member requests one, be removed by the Governing Body for cause.

If a vacancy of any class shall occur otherwise than by expiration of term, it shall be filled by appointment, as above provided, for the unexpired term.

1. There shall be two (2) alternate members of the Planning Board appointed by the Township Council and meeting the qualifications of Class IV members. The 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 (2) years, except that the terms of the alternate members shall be such that the term of not more than one (1) alternate member shall expire in any one (1) year. A vacancy occurring otherwise than by expiration of term shall be filled by the Mayor for the unexpired term only.

2. The 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.

3. No alternate member shall be permitted to act on any matter in which the member has, either directly or indirectly, any personal or financial interest. An alternate member may, after public hearing if the member requests one, be removed by the Governing Body for cause.

The Planning Board shall elect a chairperson and vice- chairperson from the members of Class IV, select a secretary who may or may not be a member of the planning board or a municipal employee.

1.Make and adopt and from time to time amend a Master Plan, in accordance with the provisions of N.J.S.A. 40:55D-28, and conduct periodic reexaminations of the Master Plan and report on the findings of such reexaminations, in accordance with the provisions of N.J.S.A. 40:55D-89.

2. Approve or deny applications for development in accordance with the provisions of this Ordinance.

3. Approve or deny conditional use applications in accordance with the provisions of Article III hereof pursuant to N.J.S.A. 40:55D-67.

4. Approve variances and direct the issuance of certain building permits in conjunction with subdivision, site plan and conditional use approval pursuant to N.J.S.A. 40:55D-60.

5. Review zoning ordinances for consistency with the Master Plan and make recommendations regarding same or regarding other matters referred to it by the Governing Body pursuant to N.J.S.A. 40:55D-26

6. Prepare and recommend for adoption by the Governing Body an Official Map pursuant to N.J.S.A. 40:55D-32.

7. Prepare, when authorized by the Governing Body, a capital improvements program pursuant to N.J.S.A. 40:55D-29.

8. Participate in the preparation and review of programs or plans required by State or Federal law or regulations.

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

The Mayor may appoint one (1) or more persons as a citizens advisory committee to assist or collaborate with 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 zoning board of adjustment previously established, is hereby continued pursuant to the Municipal Land Use Law, N.J.S.A. 40:55D-69, et seq. and shall consist of seven (7) residents of the Township of Roxbury appointed by the governing body to serve for terms of four (4) years from January 1 of the year of their appointment.

No member of the zoning board of adjustment may hold any elective office or position in the township.

A.vacancy occurring otherwise than by expiration of term shall be filled for the unexpired term only. The governing body shall appoint two alternate members to the zoning board of adjustment. Alternate members shall be designated by the governing body as "Alternate No. 1" and "Alternate No. 2" and shall serve during the absence or disqualification of any regular member or members of the board. The term of each alternate shall be two years. 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

The board of adjustment shall elect a chairperson and vice- chairperson from its members and shall select a secretary who may or may not be a member of the board or a municipal employee.

Pursuant to 40:55D-70, the zoning board of adjustment shall have the power to:

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 official based on, or made in the enforcement of Article VI I hereof.

2. Hear and decide requests for interpretation of the zoning map or this Ordinance, or for decisions upon other special questions upon which the board is authorized to pass by this Ordinance.

3. (1) 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 this 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; (2) Where, in an application or appeal relating to a specific piece of property, the purposes of this ordinance 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 Article 8 of the Municipal Land Use Law; provided, however, that no variance shall be granted under this paragraph 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-60(a).

4. In particular cases and for special reason, grant of variance to allow the departure from regulations pursuant to Article 8 of the Municipal Land Use Law to permit: (1) A use or principal structure in a district restricted against such use or principal structure, (2) The expansion of a nonconforming use,

(3) Deviation from a specification or standard pertaining solely to a conditional use, or (4) An increase in the permitted floor area ratio as hereinbefore defined, (5) An increase in the permitted density as hereinbefore defined, except as applied to a 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 minor subdivision, or (6) A height of a principal structure which exceeds by 10 feet or 10% the maximum height permitted in a district for a principal structure. A variance under this section shall be granted only by the affirmative vote of at least five members. If an application for development requests one or more variances but not a variance for a purpose enumerated in this section, the decision on the requested variance or variances shall be rendered under paragraph 3 hereinabove.

No variance or other relief may be granted under the provisions of this section unless such variances or other relief can be granted without substantial detriment to the public good, and will not substantially impair the intent and purposes of the Master Plan and Land Development Ordinance. In respect to any airport hazard area delineated under the Air Safety and Hazardous Zoning Act of 1983, no variance or other relief may be granted under the terms of this section, permitting the creation or establishment of a nonconforming use which would be prohibited under the standards promulgated pursuant to that act, except upon issuance of a permit by the Commission of Transportation. 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 zoning board of adjustment shall act.

The zoning board of adjustment shall also have the power 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 drainage way, flood control basin or public area reserved on the official map.

The Board of Adjustment shall not exercise the power otherwise granted by this section if the proposed development requires approval by the Planning Board of a subdivision, site plan or conditional use in conjunction with which the Planning Board has power to direct the issuance of the permit.

2. Hear appeals regarding direct issuance of a permit pursuant to N.J.S.A. 40:55D-35 where the enforcement of that section will entail practical difficulty or unnecessary hardship or where the circumstances of the case do not require the building or structure to be related to the street.

The Board of Adjustment shall not exercise the power otherwise granted by this section if the proposed development requires approval by the Planning Board of a subdivision, site plan or conditional use in conjunction with which the Planning Board has power to direct the issuance of a permit.

3. Grant to the same extent, and subject to the same procedures and restrictions as the Planning Board, subdivision or site plan approval pursuant to N.J.S.A. 40:55D-37 through N.J.S.A. 40:55D-59, inclusive, or conditional use approval pursuant to N.J.S.A. 40:55D-67 whenever the board is reviewing an application for approval of a use variance pursuant to Section 13-2.203 paragraph 4 pertaining to a "d" variance.

The developer may elect to submit a separate application requesting approval of the variance and a subsequent application for any required approval of a subdivision, site plan or conditional use. The separate approval of the variance shall be conditional upon granting of all required subsequent approvals by the board of adjustment. No such subsequent approval shall be granted unless such approval can be granted without substantial detriment to the public good and without substantial impairment of the intent and purpose of the Master Plan and Land Development Ordinance. The number of votes of board members required to grant any such subsequent approval shall be as otherwise provided in this ordinance for the approval in question, and the special vote pursuant to subsection d. of N.J.S.A. 40:55D-70 not be required.

Whenever an application for development requests relief pursuant to subsection b. of N.J.S.A. 40.55D-76, the board of adjustment shall grant or deny approval of the application within 120 days after submission by a developer of a complete application to the administrative officer or within such further time as may be consented to by the applicant. In the event that the developer elects to submit separate consecutive applications, the aforesaid provision shall apply to the application for approval of the variance. The period for granting or denying any subsequent approval shall be as otherwise provided in this ordinance. Failure of the board of adjustment to act within the period prescribed shall constitute approval of the application and a certificate of the administrative officer as to the failure of the board of adjustment to act shall be issued on request of the applicant, and it shall be sufficient in lieu of the written endorsement or other evidence of approval herein required, and shall be so accepted by the county recording officer for purposes of filing subdivision plats.

Where review or approval of an application by the county planning board is required, the zoning board of adjustment shall condition any approval that it grants upon timely receipt of favorable report or approval by the county planning board.

1. Appeals to the zoning board of adjustment may be taken by any interested party from a decision of an administrative officer based on or made in the enforcement of the zoning ordinance or official map. Each appeal shall be taken within the twenty (20) days prescribed by N.J.S.A. 40:55D-72(a) by filing a notice of appeal with the officer from whom the appeal was taken. Said notice of appeal shall specify the grounds of 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 notice of appeal shall have been filed with him/her, that by reason of facts stated in the certificate a stay would, in the officer's opinion, cause imminent peril to life or property. In such cases, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the board of adjustment or by the Superior Court of New Jersey on application or notice to the officer from whom the appeal is taken and on due cause shown.

In exercising its power, the zoning board of adjustment may reverse or affirm, wholly or partly, or may modify the action, order, requirement, decision, interpretation or determination appealed from and to that end have all the powers of the officer from whom the appeal was taken.

The zoning board of adjustment shall render its decision not later than one hundred twenty (120) days after the date (a) an appeal is taken from the decision of an administrative official; or (b) the submission of a complete application for development to the board pursuant to the provisions of N.J.S.A. 40:55D72.

Failure of the board to render a decision within such 120-day period, or within such further time as may be consented to by the applicant, shall constitute a decision favorable to the applicant.

The board of adjustment must prepare and adopt by resolution a report of its findings on zoning ordinance provisions which were the subject of variance requests and its recommendations for zoning ordinance amendment or revision, if any, be sent to the planning board and governing body.

No member of the planning board or the Zoning board of adjustment shall act on any matter in which the member has., either directly or indirectly, any personal or financial interest. Whenever any such member shall be disqualified from acting on a particular matter, the member shall not continue to sit with the board on the hearing of such matter nor participate in any discussion or decision relating thereto.

If the Planning Board lacks a quorum because any of its regular or alternate members is prohibited by conflict of interest as defined above from acting on a matter due to the member's personal or financial interest therein, regular members of the Board of Adjustment shall be called upon to serve, for that matter only, as temporary members of the Planning Board in order of seniority of continuous service to the Board of Adjustment until there are a minimum number of members necessary to constitute a quorum to act upon the matter without any personal or financial interest therein, whether direct or indirect. If a choice has to be made between regular members of equal seniority, the Chairman of the Board of Adjustment shall make the choice.

If the Board of Adjustment lacks a quorum because any of its regular or alternate members is prohibited by conflict of interest as defined above from acting on a matter Class IV members of the Planning Board shall be called upon to serve, for that matter only, as temporary members of the Board of Adjustment in order of seniority of continuous service to the Planning Board until there are a minimum number of members necessary to constitute a quorum to act upon the matter without any personal or financial interest therein, whether direct or indirect. If a choice has to be made between Class IV members of equal seniority, the Chairman of the Planning Board shall make the choice.

All members of the boards shall serve without compensation.

There are hereby created the offices of attorney for the planning board and attorney for the zoning board of adjustment. Each board may annually appoint and fix the compensation for its attorney. Such compensation shall be within the appropriation made by the governing body. Neither attorney shall be the township attorney.

Each board may employ or contract for and fix the compensation of such experts and other staff and services as it may deem necessary. The board shall not authorize expenditures which exceed, exclusive of gifts or grants, the amount appropriated by the governing body for its use. There is hereby created the office of municipal planner who shall serve at the pleasure of the township manager.

The boards shall adopt such rules, regulations and by-laws as may be necessary to carry into effect the provisions and purposes of this ordinance. 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:67-1, et seq.) shall apply.

1.Meetings of each board shall be scheduled at least once a month, unless canceled for lack of applications.

2. Special meetings of the planning board and the board of adjustment may be requested by an applicant and with the consent of the respective boards shall be scheduled by the boards. Special meetings may be requested by the chairperson of the board or any two members of the board. Notice to all board members and the public in accordance with the Open Public Meeting Act is required.

3. No action shall be taken at any meeting without a quorum being present.

4. All actions shall be taken by a majority vote of all members present except as otherwise required by any provisions of the Municipal Land Use Law (N.J.S.A. 40:55D-1, et seq.).

5. 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 discussing and studying any matter to come before the board shall not be deemed a regular or special meeting within the meaning of this Ordinance.

6. A member of the planning board or zoning board of adjustment who was absent for one or more of the meetings at which a hearing was held or was not a member of the board at that time shall be eligible to vote on the matter upon which the hearing was conducted, notwithstanding the member's absence from one or more of the meetings; provided, however, that such board member has available to him/her the transcript or recording of all of the hearing from which he/she was absent, and certifies in writing to the board that he/she has read such transcript or listened to such recording.

Minutes of every regular or special meeting shall be kept and shall 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 Secretary of the Board. 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 shall be charged a fee for reproduction of the minutes for the party's use,

Application fees and escrow fees for the submission of applications or for the rendering of any services by the planning board or zoning board of adjustment or any of their administrative staffs for the review of an application for development, for inspections or for taking of appeals, are set forth herein. For applications withdrawn after filing, the application fee is non-refundable and escrow fees shall be refunded only to the extent not drawn upon for professional review and/or inspection prior to the date of withdrawal.

The following are application fees for applications for development as well as interpretations, appeals, concept application, change of use, zoning permit and zone change applications and certificate of approval:

1. Minor Site Plan: One Hundred Fifty ($150.00) dollars.

2. Preliminary Major Site Plan: Five ($5.00) dollars per thousand square feet of lot or part thereof, plus five ($5.00) dollars per hundred square feet of proposed gross building floor area or part thereof, with a minimum of one hundred ($100.00) dollars.

3. Final Major Site Plan Application: Two ($2.00) dollars per each 1,000 square feet of lot or part thereof, plus two ($2.00) dollars per each 100 square feet of proposed gross building floor area or part thereof, with a minimum of one hundred ($100.00) dollars.

4. Amended Preliminary or Amended Final Major Site Plan: Five Hundred ($500.00) dollars.

5. Minor Subdivision: Two Hundred ($200.00) dollars plus Fifty ($50.00) dollars per lot.

6. Preliminary Major Subdivision: Four Hundred ($400.00) dollars minimum, plus Fifty ($50.00) dollars additional for each lot shown.

7. Final Major Subdivision: Three Hundred ($300.00) dollars minimum, plus Fifty ($50.00) dollars for each lot shown.

8. Amended Preliminary or Amended Final Major Subdivision: Five Hundred ($500.00) dollars.

9. Variance Application:

a) Bulk "C" variance involving existing single family residential: Seventy-five ($75.00) dollars.

b) Bulk "C" variance involving new single family construction: Three Hundred ($300.00)

dollars.

c) Bulk "C" variance for multi-family use: Three Hundred ($300.00) dollars plus Fifty ($50.00) dollars per unit.

d) Bulk "C" variance for non-residential use: Three Hundred ($300.00) dollars.

e) Use "D" variance involving existing single family residential: One Hundred and Fifty ($150.00) dollars.

f) Use "D" variance for new single-family construction of not more than two (2) units: Three Hundred ($300.00) dollars.

g) All other "D variances Five Hundred ($500.00) dollars

**Webmasters Note: The previous subsections ((f)(g)) have been amended as per Ord. No. 28-01.

10. Conditional Use Application: Two Hundred ($200.00) dollars.

11. Appeals pursuant to N.J.S.A. 40:55D-70(a): Two Hundred ($200.00) dollars.

12. Interpretation pursuant to N.J.S.A. 40:55D-70(b): Two Hundred ($200.00) dollars.

13. Pre-Application Conference and/or Concept Plan: One Hundred Fifty ($150.00) dollars. (Total fee for either or both)

14. Change of Use: One Hundred ($100.00) dollars.

15. Zoning Permit: Twenty-five ($25.00) dollars per residential lot and Fifty ($50.00) dollars per non-residential lot.

16. Zone Change Application: Two Hundred Fifty ($250.00) dollars.

17. Piers, Boat Docks and Marinas: One Hundred ($100.00) dollars.

18. Certificate of Approval: Twenty ($20.00) dollars.

19. An application to direct the issuance of a permit to N.J.S.A. 40:55D-34 for a building or structure in the bed of a mapped street or public drainage way, flood control basin or a public area reserved on the official map or general circulation plan element of the Master Plan; or, an appeal seeking direction that a building permit issue pursuant to N.J.S.A. 40:55D-36 where the enforcement of N.J.S.A. 40:55D-35 and Section 13-7.806 of these Ordinances will entail practical difficulty or unnecessary hardship or where the circumstances of the case do not require the building or structure-to be related to the street - Three hundred ($300) dollars.