The Planning Board is authorized to adopt such rules and regulations
as may be necessary to carry into effect the provisions and purposes
of the land use chapters. It shall also have the following duties:
A. To make and adopt and, from time to time, amend a Master Plan for
the physical development of the City, including a specific policy
statement respecting its relationship to any areas outside its boundaries
which, in the Board's judgment, bears essentially upon the planning
of the City, reworded to provide for a policy statement rather than
regulation, in accordance with the provisions of N.J.S.A. 40:55D-1
et seq.
B. To administer the provisions of Chapter
244, Subdivision of Land and Site Plan Approval, and Chapter
300, Zoning, of the Code of the City of Bordentown in accordance with the provisions of said chapters and the Municipal Land Use Law.
C. To issue permits for conditional uses in accordance with N.J.S.A.
40:55D-67.
(1) The term "conditional use" means a use permitted in a particular zoning district only upon a showing that such use in a specified location will comply with the conditions and standards for the location or operation of such use as contained in Chapter
300, Zoning, of the Code of the City of Bordentown, and upon the issuance of an authorization therefor by the Planning Board.
D. To make the Official Map of the municipality for adoption by the
governing body pursuant to N.J.S.A. 40:55D-31, inclusive.
E. To prepare and review the capital improvement program in accordance
with N.J.S.A. 40:55D-29 through 40:55D-31, inclusive.
F. To grant variances and certain building permits in conjunction with
subdivision, site plan and conditional use approval pursuant to N.J.S.A.
40:55D-60.
G. To consider and make a report to the City Commissioners within 35
days after a referral as to any proposed development regulation submitted
to it pursuant to the provisions of N.J.S.A. 40:55D-26a and also to
pass upon other matters specifically referred to the Planning Board
pursuant to the provisions of 40:55D-26b.
H. To interpret and hear applications under the Zoning Ordinance, including conditional uses and relief under N.J.S.A. 40:55D-70d,
of the Municipal Land Use Law.
I. To review the capital improvement program pursuant to N.J.S.A. 40:55D-29.
J. To hear and consider variance applications and certain building permit
hearings in conjunction with subdivision, site plan and conditional
use approval.
K. To participate in the preparation and review of programs or plans
required by state or federal law or regulation.
L. To assemble data on a continuing basis as part of a continuous planning
process.
M. To perform such advisory duties as are assigned to it by ordinance
or resolution of the governing body for the aid and assistance of
the governing body or other agencies or officers, including with regard
to redevelopment planning and projects.
N. To 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 Chapter
300, Zoning.
O. To hear and decide requests for interpretation of the Zoning Map or Chapter
300, Zoning, or for decisions upon other special questions upon which the Board is authorized to pass by Chapter
300, Zoning.
P. 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 regulation in Chapter
300, Zoning, would result in peculiar and exceptional practical difficulties or to exceptional and undue hardship upon the developer of such property, to 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; or where, in an application or appeal relating to a specific piece of property, the purposes of the Municipal Land Use Law, N.J.S.A. 40:55D-2, would be advanced by a deviation from the requirements of Chapter
300, Zoning, and the benefits of the deviation would substantially outweigh any detriment, to grant a variance to allow departure from regulations of Chapter
300, Zoning; provided, however, that no variance from those departures enumerated shall be granted under this Subsection
P.
Q. In particular cases and for special reasons, to grant a variance
to allow for departure from regulations pursuant to Article 8 of the
Municipal Land Use Law, N.J.S.A. 40:55D-62 et seq., to permit a use
or principal structure; an expansion of a nonconforming use; deviation
from a specification or standard pursuant to N.J.S.A. 40:55D-67 pertaining
solely to a conditional use; an increase in the permitted floor area
ratio as defined in N.J.S.A. 40:55D-4; 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; height of a principal
structure which exceeds by 10 feet or 10% the maximum height permitted
in the district for a principal structure.
R. To direct the issuance of a permit pursuant to N.J.S.A. 40:55D-34
for a building or structure in the bed of a mapped street or public
drainageway, flood control basin or public area reserved on the Official
Map.
S. To direct the issuance of a permit pursuant to N.J.S.A. 40:55D-36
for a building or structure not related to a street.
T. To hear and decide requests for interpretation of the Zoning Map
or Zoning Ordinance.
U. To hear and decide requests for variances from lot area, lot dimensional,
setback and yard requirements pursuant to N.J.S.A. 40:55D-70c.
V. To hear and decide requests for variances to permit a use or structure,
an expansion of a nonconforming use, deviations from conditional use
requirements, an increase in the permitted floor area and the height
of a principal structure which exceeds the permitted height in the
zone by 10% or 10 feet.
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 thereafter shall be made available for public inspection
during normal business hours within the municipality. Except for minutes
of executive (closed) session(s), any interested party shall have
the right to compel production of the minutes for use as evidence
in any legal proceeding concerning the subject matter of such minutes.
Such interested party may be charged a fee for reproduction of the
minutes for his use.
The application fees for development approvals and other related matters shall be as set forth in Chapter
37, Fees and Licenses, of this Code.
Whenever a hearing is required on an application for development
pursuant to N.J.S.A. 40:55D-1 et seq., the applicant shall give notice
thereof as follows:
A. Public notice shall be given by publication in the official newspaper
of the City at least 10 days' prior to the date of the hearing.
B. Notice shall be given to the owners of all real property as shown
on the current tax duplicates within 200 feet in all directions of
the property which is the subject of such hearing and whether located
within or without the City in which the applicant's land is located.
(1) Method of serving notice.
(a)
Such notice shall be given by:
[1]
Serving a copy thereof on the property owner as shown on the
current tax duplicate or his agent in charge of the property; or
[2]
Mailing a copy thereof by certified mail, return receipt requested,
to the property owner at his address as shown on the current tax sale
duplicate.
(b)
This requirement shall be deemed satisfied by notice to the
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.
(2) 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.
(3) Notice to a condominium association, horizontal property regime,
community trust or homeowners' 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, co-owners,
or homeowners on account of such common elements or areas.
C. Notice of all hearings on applications for development involving
property located within 200 feet of an adjoining municipality shall
be given by personal service or certified mail, return receipt requested,
to the Clerk of such municipality, which notice shall be in addition
to the notice required to be given to the owners of lands in such
adjoining municipality which are located within 200 feet of the subject
property.
D. Notice shall be given by personal service or certified mail, return
receipt requested, to the County Planning Board of a hearing on an
application for development of property adjacent to an existing county
road or proposed road shown on the Official County Map or on the County
Master Plan, adjoining other county land or situated within 200 feet
of a municipal boundary.
E. Notice shall be given by personal service or certified mail, return
receipt requested, to the Commissioner of Transportation of a hearing
on an application for development of property adjacent to a state
highway.
F. Notice of a hearing on an application for development of property
which exceeds 150 acres or 500 dwelling units shall be given by personal
service or certified mail, return receipt requested, to the Director
of the Division of State and Regional Planning in the Department of
Community Affairs. Such notice shall include a copy of any maps or
documents required to be on file with the secretary of the appropriate
board.
G. Notice of hearings on applications for approval of a major subdivision
or major site plan requiring public notice under this section shall
be given to every public utility, cable television company and local
utility which possesses a right-of-way or easement within Bordentown
City and which has registered with the City pursuant to N.J.S.A. 40:55D-12.1.
Service shall occur upon such public utility, cable company or local
utility in accordance with N.J.S.A. 40:55D-12h.
H. All notices hereinabove specified in this section shall be given
at least 10 days' prior to the date fixed for the hearing, and
the applicant shall file an affidavit of proof of service with the
board holding the hearing on the application for development.
I. Any notice made by certified mail, return receipt requested, as hereinabove
required, shall be deemed to be complete upon mailing in accordance
with the provisions of N.J.S.A. 40:55D-14.
J. Form of notice. All notices required to be given pursuant to the
terms of this chapter shall state the date, time and place of the
hearing, the nature of the matters to be considered and identification
of the property proposed for development by street address, if any,
or by reference to the block and lot numbers as shown on the current
tax duplicate in the City's Tax Assessor's office and the
location and times at which any maps and documents for which approval
is sought are available for public inspection.
Pursuant to the provisions of N.J.S.A. 40:55D-12c, the City
Assessor or designated official shall, within seven days after receipt
of a written request therefor and upon receipt of payment of a fee
as set forth in a resolution adopted by the City Commissioners, make
and certify a list from the current tax duplicate of names and addresses
of owners and other persons or entities to whom the applicant is required
to give notice pursuant to the Code. Said certified list of property
owners to be utilized for said notice shall be valid for a period
of 75 days from the date issued.
A brief notice of every final decision shall be published in
the official newspaper of the City. Such publication shall be arranged
by the applicant, who shall bear the expense of same. The aforementioned
notice shall be sent to the official newspaper for publication within
10 days of the date of the adoption of a memorializing resolution.
All records of the Planning Board, including, but not limited
to, a copy of each application, supporting documentation, minutes
of hearings, correspondence, decisions and other information relevant
to the determination shall be maintained in the Land Use office for
a period of not less than five years. Thereafter, said records shall
be kept for an indefinite period in accordance with the system of
recordkeeping and archives established by the City and in accordance
with the retention schedule set forth by the State Department of Archives
and Records Management. Such documents and information shall be considered
a public record within the meaning of N.J.S.A. 47:1A-1 et seq.
Pursuant to the provisions of N.J.S.A. 40:55D-39 and 40:55D-65,
every application for development submitted to the Planning Board
shall be accompanied by proof that no taxes or assessments for local
improvements are due or delinquent on the property which is the subject
of such application. If it is shown that the taxes or assessments
are delinquent on said property, no approval or other relief shall
be granted by either board until such taxes or assessments, including
interest, have been fully paid.