A. Establishment. The Planning Board, presently in existence pursuant to N.J.S.A. 40:55D-1 et seq., is hereby continued, to consist of nine members of the following four classes:
(1) Class I: the Mayor.
(2) Class II: one of the officials of the Township other than a member of the Township Committee, to be appointed by the Mayor, provided that if there is an Environmental Commission, the member of the Environmental Commission who is also a member of the Planning Board as required by N.J.S.A. 40:56A-1 shall be deemed to be the Class II Planning Board member if there are both a member of the Zoning Board of Adjustment and a member of the Jackson Township Board of Education among the Class IV members or alternate members.
(3) Class III: a member of the Township Committee, to be appointed by it.
(4) Class IV: six other citizens of the Township of Jackson, to be appointed by the Mayor. The members of Class IV shall hold no other municipal office, position or employment, except that one member may be a member of the Zoning Board of Adjustment, and one may be a member of the Jackson Township Board of Education. A member of the Environmental Commission who is also a member of the Planning Board as required by N.J.S.A. 40:56A-1 shall be a Class IV Planning Board member unless there are among the Class IV members of the Planning Board both a member of the Zoning Board of Adjustment and a member of the Board of Education, in which case the member of the Environmental Commission shall be deemed to be the Class II member of the Planning Board.
B. Terms.
(1) The term of the member composing Class I shall correspond with his official tenure. The terms of the members composing Class II and Class III shall be for one year or terminate at the completion of their respective terms of office, whichever occurs first, except for a Class II member who is also a member of the Environmental Commission. The term of a Class II or a Class IV member who is also a member of the Environmental Commission shall be for three years or terminate at the completion of his term of office as a member of the Environmental Commission, whichever comes first.
(2) The term of a Class IV member who is also a member of the Zoning Board of Adjustment or the Jackson Township Board of Education shall terminate whenever he is no longer a member of such other body or at the completion of his Class IV term, whichever occurs first.
(3) The terms of all Class IV members first appointed pursuant to this chapter shall be so determined that, to the greatest extent practicable, the expiration of such terms shall be evenly distributed over the first four years after their appointment, as determined by resolution of the Township Committee; provided, however, that no term of any member shall exceed four years, and further provided that nothing herein shall affect the terms of any present members of the Planning Board, all of whom shall continue in office until the completion of the terms for which they were appointed. Thereafter, all Class IV members shall be appointed for terms of four years, except as otherwise herein provided. All terms shall run from January 1 of the year in which the appointment was made.
C. Alternate members.
(1) There are hereby authorized two alternate members of the Planning Board, who shall be appointed by the Mayor for Class IV members and shall meet 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."
(2) The alternate members shall serve for terms of two years, terminating as of December 31 of the year next following appointment; provided, however, that in the event two alternate members are appointed initially, their initial terms shall terminate as of December 31 of the year next following appointment, respectively. A vacancy occurring otherwise than by expiration of term shall be filled by the Mayor for the unexpired term only. 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.
D. Vacancies. If a vacancy of any class shall occur otherwise than by expiration of the Planning Board term, it shall be filled by appointment, as above provided, for the unexpired term.
E. Conflicts. No member of the Planning Board shall be permitted to act on any matter in which he has, either directly or indirectly, any personal or financial interest.
F. Removal. Any member other than a Class I member, after a public hearing if he requests one, may be removed by the Township Committee for cause.
G. Organization of the Planning Board. The Planning Board shall annually elect a Chairman and Vice Chairman from the members of Class IV and select a Secretary and Assistant Secretary, who may be either a member of the Planning Board or a municipal employee designated by it.
H. Planning Board Attorney. There is hereby created the position of Planning Board Attorney. The Planning Board may annually appoint and fix the compensation of or agree upon the rate of compensation of the Planning Board Attorney, who shall be an attorney other than the Municipal Attorney.
I. Experts and staff. The Planning Board may also employ or contract for the services of experts and other staff and services as it may deem necessary. The Planning Board shall not exceed, however, exclusive of gifts or grants, the amount appropriated by the Township Committee for its use.
J. Rules and regulations. The Planning Board shall adopt such rules and regulations as may be necessary to carry into effect the provisions and purposes of this chapter. In the issuance of subpoenas, administration of oaths and taking of testimony, the provisions of the County and Municipal Investigations Law of 1953 (N.J.S.A. 2A:67A-1 et seq.) shall apply.
K. Powers.
(1) The Planning Board shall have the following powers:
(a) To make and adopt, and from time to time amend, a Master Plan for the physical development of the municipality, in accordance with the provisions of Article 3 of N.J.S.A. 40:55D-1 et seq.
(b) To administer subdivision control and site plan review, in accordance with the provisions of this chapter and Article 6 of N.J.S.A. 40:55D-1 et seq.
(c) To grant exceptions from certain requirements for subdivision and site plan approval, pursuant to N.J.S.A. 40:55D-51.
(d) To make and adopt, and from time to time amend, an Official Map, pursuant to Article 5 of N.J.S.A. 40:55D-1 et seq.
(e) To approve conditional use applications, in accordance with the provisions of this chapter and pursuant to N.J.S.A. 40:55D-67.
(f) To annually prepare a program of municipal capital improvement projects over a ter m of six years, and amendments thereto, and to recommend the same to the Tow nship Committee, pursuant to the provisions of N.J.S.A. 40:55D-29.
(g) To review capital projects, pursuant to N.J.S.A. 40:55D-31.
(h) When reviewing applications for approval of subdivision plats, site plans or conditional uses, to grant, to the same extent and subject to the same restrictions as the Zoning Board of Adjustment:
[1] Variances, pursuant to N.J.S.A. 40:55D-70c, from lot areas, dimensional, setback and yard requirements.
[2] Direction, pursuant to N.J.S.A. 40:55D-34, for issuance of permits for buildings or structures in the bed of a mapped street or public drainageway, flood-control basin or public area reserved, pursuant to N.J.S.A. 40:55D-32.
[3] Direction, pursuant to N.J.S.A. 40:55D-36, for issuance of permits for buildings or structures not related to a street. Whenever relief is requested pursuant to this subsection, notice of a hearing on the application for development shall include reference to the request for a variance or direction for issuance of a permit, as the case may be.
(i) To participate in the preparation and review of programs or plans required by state or federal law or regulation.
(j) To assemble data on a continuing basis as part of a continuing planning process.
(k) To perform such other advisory duties as are assigned to it by ordinance or resolution of the governing body for the aid and assistance of the Township Committee or other agencies or officers.
(l) To consider and make report to the Township Committee within 35 days after referral as to any proposed development regulation submitted to it, pursuant to the provisions of N.J.S.A. 40:55D-26a and also pass upon other matters specifically referred to the Planning Board by the Township Committee, pursuant to the provisions of N.J.S.A. 40:55D-26b.
(m) To establish subcommittees, as it sees fit, which shall be composed of Planning Board members appointed by the Planning Board Chairman.
(n) To exercise all the powers and perform all the duties set forth in N.J.A.C. 7:50-6.153(a), including recommendations to the Township Committee for designation of historic resources, in accordance with N.J.S.A. 40:55D-1 et seq., which are determined to be significant pursuant to § 244-79K of this chapter.
(o) To grant de minimis exceptions to the Residential Site Improvement Standards adopted pursuant to N.J.A.C. 5:21 in accordance with the provisions of § 244-182F.
[Added 6-8-1998 by Ord. No. 15-98]
(2) The Township Committee may, by ordinance, provide for the reference of any matter or class of matters to the Planning Board before final action thereon by a municipal body or municipal officer having final authority thereon. Such reference shall not extend the time for action by the referring body, whether or not the Planning Board has submitted its report. Whenever the Planning Board shall have made a recommendation regarding a matter authorized by ordinance to another municipal body, such recommendation may be rejected only by a majority of the full authorized membership of such other body.
L. Simultaneous review. The Planning Board shall have the power to review and approve or deny conditional uses or site plans simultaneously with review for subdivision approval without the developer's being required to make further application to the Planning Board or the Planning Board's being required to hold further hearings. The longest time period for action by the Planning Board, whether it is for subdivision, conditional use or site plan approval, shall apply. Whenever approval of a conditional use is requested by the developer, notice of the hearing on the plat shall include reference to the request for such conditional use.
A. Establishment. The Zoning Board of Adjustment, presently in existence pursuant to N.J.S.A. 40:55D-1 et seq., is hereby continued. The Zoning Board of Adjustment shall consist of seven regular members, who shall be appointed by the Township Committee. [Amended 12-28-1998 by Ord. No. 38-98]
B. Alternate members.
(1) The Zoning Board of Adjustment shall not have more than two alternate members, who shall be appointed by the Township Committee. Alternate members shall be designated at the time of appointment by the Township Committee as "Alternate No. 1" and "Alternate No. 2." [Amended 12-28-1998 by Ord. No. 38-98]
(2) Alternate members may participate in discussions of the proceedings but may not vote except in the absence or disqualification of a regular member. A vote shall not be delayed in order that a regular member may vote instead of an alternate member. In the event that a choice must be made as to which alternate member is to vote, Alternate No. 1 shall vote.
C. Terms.
(1) The members of the Board of Adjustment shall continue in office until their respective terms expire.
(2) The terms of the members first appointed under this chapter shall be so determined that to the greatest practicable extent the expiration of such terms shall be distributed, in the case of regular members, evenly over the first four years after their appointment and, in the case of alternate members, evenly over the first two years after their appointment, provided that the initial term of a regular member shall not exceed four years and that the initial term of an alternate member shall not exceed two years. Thereafter, the term of each regular member shall be four years, and the term of each alternate member shall be two years.
D. Vacancies. A vacancy occurring otherwise than by expiration of term shall be filled for the unexpired term only, as herein and above provided.
E. Conflicts. No member of the Board of Adjustment shall be permitted to act on any matter in which he has, either directly or indirectly, any personal or financial interest. No member may hold elective office or position under the municipality.
F. Removal. A member may, after a public hearing if he requests one, be removed by the Township Committee for cause.
G. Organization of the Board of Adjustment. The Board of Adjustment shall annually elect a Chairman and Vice Chairman from its members and shall also select a Secretary who may or may not be a Board member or another municipal employee.
H. Board of Adjustment Attorney. There is hereby created the position of Attorney to the Zoning Board of Adjustment. The Zoning Board of Adjustment may annually appoint and fix the compensation of or agree upon the rate of compensation of the Zoning Board of Adjustment Attorney, who shall be an attorney other than the Municipal Attorney.
I. Experts and staff. The Zoning Board of Adjustment may also 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 Township Committee for its use.
J. Rules and regulations. The Board shall adopt such rules and regulations as may be necessary to carry into effect the provisions and purposes of this chapter.
K. Powers.
(1) The 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 the administrative officer based on or made in the enforcement of this chapter.
[1] Appeals to the Board of Adjustment may be taken by any interested party affected by any decision of the administrative officer of the municipality based on or made in the enforcement of this chapter. Each appeal shall be taken within the 20 days prescribed by N.J.S.A. 40:55D-72 by filing a notice of appeal with the office from whom the appeal was taken, together with three copies of said notice with the Secretary of the Board of Adjustment. Said notice of appeal shall specify the grounds for said appeal. The officer 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.
[2] An appeal stays all proceedings in furtherance of the action in respect to which the decision appealed from was made, unless the officer from whom the appeal is taken certifies to the Board of Adjustment, after the notice of appeal shall have been filed with him, that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property. In such cases, proceedings shall not be stayed otherwise than by 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.
[3] The Board of Adjustment may, in conformity with the provisions of N.J.S.A. 40:55D-1 et seq., reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and make such other requirement, decision or determination as ought to be made and to that end have all the powers of the administrative officer from whom the appeal was taken.
(b) Hear and decide requests for interpretation of the Zoning Map or this chapter or for decisions upon other special questions upon which the Board of Adjustment is authorized to pass by any Zoning or Official Map Ordinance in accordance with N.J.S.A. 40:55D-1 et seq.
(c) Grant variances as follows:
[1] General.
[a] Where, by reason of exceptional narrowness, shallowness or shape of a specific 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 regulation pursuant to Article 8 of N.J.S.A. 40:550-1 et seq., 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.
[b] Where, in an application or appeal relating to a specific piece of property, the purposes of N.J.S.A. 40:55D-1 et seq. would be advanced by a deviation from requirements of this chapter and the benefits of the deviation would substantially outweigh any detriment, grant a variance to allow departure from regulations pursuant to Article 8 of N.J.S.A. 40:550-1 et seq.; provided, however, that no variance from those departures enumerated in § 244-8K(1)(c)[2] and [3] below shall be granted under this subsection, 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 the power to review a request for variance pursuant to N.J.S.A. 40:55D-60a.
[2] Additional.
[a] In particular cases and for special reasons, grant a variance to allow departure from regulations pursuant to Article 8 of N.J.S.A. 40:55D-1 et seq. to permit:
[i] A use or principal structure in a district restricted against such use or principal structure.
[ii] An expansion of a nonconforming use.
[iii] Deviation from a specification or standard, pursuant to N.J.S.A. 40:55D-67 pertaining solely to a conditional use.
[iv] An increase in the permitted floor area ratio, as defined in N.J.S.A. 40:55D-4.
[v] An increase in the permitted density as defined in N.J.S.A. 40:55D-4, 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. A variance under this subsection shall be granted only by affirmative vote of at least five members, in the case of a municipal board, or 2/3 of the full authorized membership, in the case of a regional board pursuant to Article 10 of N.J.S.A. 40:55D-1 et seq.
[b] Pinelands development credits.
[i] Any municipal variance approval which grants relief from the density or lot area requirements set forth in §§ 244-87, 244-90, 244-91 and 244-92 for the RG-2, RG-3 or RG-4 Zone shall require that Pinelands development credits be used for all dwelling units or lots in excess of that permitted without the variance.
[Amended 4-12-1993 by Ord. No. 10-93; 2-26-1996 by Ord. No. 4-96; 12-30-1996 by Ord. No. 27-96]
[ii] Any variance or other approval for a residential use in the RGC-1, RGC-2 or PM-1 Zone shall require that Pinelands development credits be used for 50% of the authorized units for parcels under 10 acres in size; for 75% of the authorized units for parcels between 10 and 20 acres in size and for 100% of the authorized units for parcels over 20 acres in size. [Amended 12-23-2002 by Ord. No. 50-02]
[iii] Any variance or other approval for a nonresidential use not otherwise permitted in the RG-2, RG-3 or RG-4 Zone shall require that Pinelands development credits be used at 50% of the maximum rate permitted for Pinelands development credit use in the zone in which the nonresidential use will be located for parcels under 10 acres in size; at 75% of the maximum rate for parcels between 10 and 20 acres in size; and at 100% of the maximum rate for parcels over 20 acres in size. This requirement shall not apply to a variance or other approval which authorizes the expansion of or changes to existing nonresidential uses in accordance with N.J.A.C. 7:50-5.2.
[Amended 2-26-1996 by Ord. No. 4-96; 12-23-2002 by Ord. No. 50-02]
[iv] Any municipal variance approval which grants relief from the density or lot area requirements set forth in §§ 244-87, 244-93 and 244-94 for a residential or principal nonresidential use in the PV, PVC-1 or PVC-2 Zone shall require that Pinelands development credits be used for all dwelling units or lots in excess of that permitted without the variance.[Added 12-30-1996 by Ord. No. 27-96]
[3] No variance or other relief may be granted under the terms of this section unless such variance or other relief can be granted without substantial detriment to the public good and will not substantially impair the intent and purpose of the zone plan and this chapter. In respect of any airport hazard areas delineated under the Air Safety and Hazardous 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 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 Commissioner of Transportation. An application under this section may be referred to any appropriate person or agency for its report, provided that such reference shall not extend the period of time within which the Zoning Board of Adjustment shall act.
(d) Direct issuance of a permit, pursuant to N.J.S.A. 40:55D-34, for a building or structure in the bed of a mapped street or public drainageway, flood-control basin or public area reserved pursuant to N.J.S.A. 40:55D-32.
(e) Direct issuance of a permit, pursuant to N.J.S.A. 40:55D-36, for a building or structure not related to a street.
(f) Grant, to the same extent and subject to the same restrictions as the Planning Board, subdivision or site plan approval, pursuant to Article 6 of N.J.S.A. 40:55D-1 et seq., or conditional use approval, pursuant to N.J.S.A. 40:55D-67, whenever the proposed development requires approval by the Board of Adjustment of a variance pursuant to N.J.S.A. 40:55D-70. 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 conditioned upon the grant 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 zone plan and this chapter. The number of votes of Board members required to grant any such subsequent approval shall be as otherwise provided in N.J.S.A. 40:55D-1 et seq., for the approval in question and the special vote, pursuant to N.J.S.A. 40:55D-70d, shall not be required.
(g) To grant de minimis exceptions to the Residential Site Improvement Standards adopted pursuant to N.J.A.C. 5:21 in accordance with the provisions of § 244-182F.
[Added 6-8-1998 by Ord. No. 15-98]
(2) Any variance granted under § 244-8K(1)(c)[2] and [3] above shall be valid for a period of one year from the date of the granting of the same where subsequent submission of an application for development for a minor subdivision, preliminary plat of a major subdivision, minor site plan or preliminary plat of a major site plan is required. However, upon written request by the applicant within the one-year period, said variance may be extended by the Board of Adjustment for a period not to exceed one year. The applicant shall be entitled to only one such extension. Failure of the applicant to act within the time period or extension, as provided herein, shall render the variance null and void.
L. Time for decision.
(1) The Board of Adjustment shall render a decision not later than 120 days after the date:
(a) An appeal is taken from a decision of the administrative officer; or
(b) A complete application for development to the Board of Adjustment, pursuant to N.J.S.A. 40:55D-72b, is submitted.
(2) Failure of the Board to render a decision within the one-hundred-twenty-day period, or within such further time as may be consented to by the applicant, shall constitute a decision favorable to the applicant.
(3) Whenever an application for development requests relief pursuant to N.J.S.A. 40:55D-76b, 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 N.J.S.A. 40:55D-1 et seq. Failure of the Board of Adjustment to act within the period prescribed shall constitute approval of the application. 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 Ocean County recording officer for purposes of filing subdivision plats.
(4) Whenever review or approval of the application by the Ocean County Planning Board is required by Section 5 of P.L. 1968, c. 285 (N.J.S.A. 40:27-6.3), in the case of a subdivision, or Section 8 of P.L. 1968, c. 285 (N.J.S.A. 40:27-6.6), in the case of a site plan, the Jackson Township Board of Adjustment shall condition any approval it grants upon the timely receipt of a favorable report on the application by the Ocean County Planning Board or approval by the Ocean County Planning Board by its failure to report thereon within the required time.
M. Modification on appeal. The Board of Adjustment may reverse or affirm, wholly or in part, or may modify the action, order, requirement, decision, interpretation or determination appealed from and, to that end, have all the powers of the administrative officer from whom the appeal is taken.
N. Stay of proceedings by appeal; exception. An appeal to the Board of Adjustment shall stay 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 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 an order of the Superior Court upon notice to the officer from whom the appeal is taken and on due cause shown.
O. Annual report. The Board of Adjustment 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 provisions of this chapter which were the subject of variance requests and its recommendations for amendment or revision of this chapter, if any. The Board of Adjustment shall send copies of the report and resolution to the Township Committee and Planning Board.
P. Referral. The Board of Adjustment may, at its option, refer an application 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.
