[1]
Editor's Note: Former Art. II, Planning Board,
was retitled "Land Use Board" in accordance with Ord. No. 2002-14,
adopted 12-9-2002.
[Amended 4-9-1990 by Ord. No. 90-3; 12-9-2002 by Ord. No.
2002-14]
A.
A Land Use Board is hereby established, consisting
of nine members who shall serve for their respective terms pursuant
to N.J.S.A. 40:55D-23. The nine members of the Land Use Board shall
consist of the following classes:
(1)
Class I: the Mayor.
(2)
Class II: one of the officials of the municipality
other than a member of the governing body, to be appointed by the
Mayor.
(3)
Class III: a member of the governing body to be appointed.
(4)
Class IV: six other citizens of the municipality who
shall be appointed by the Mayor. Said members shall not hold any other
municipal office, position or employment, except that one member may
be a member of the Historic Preservation Commission and one member
may be a member of the Board of Education. If the municipality has
an Environmental Commission, a member of the Environmental Commission
shall be a member of the Land Use Board as required by Section 1 of
P.L. 1968, c. 245 (N.J.S.A. 40:56A-1), who shall be a member of Class
IV of the Land Use Board unless there are among the Class IV or alternate
members of the Land Use Board a member of the Historic Preservation
Commission and a member of the Board of Education, in which case said
Environmental Commission member shall be the Class II member of the
Land Use Board.
B.
Alternate members.
(1)
There shall be four alternate members appointed to
the Land Use Board as Class IV members. The Mayor shall appoint said
alternate members, and they shall meet the qualification of Class
IV members as hereinafter provided. Said alternate members shall be
designated at the time of their appointment by the Mayor as "Alternate
No. 1," "Alternate No. 2," "Alternate No. 3," and "Alternate No. 4."
Alternate members of Class IV shall serve a for a term of two years,
except that the terms of the alternate members shall be such that
the term of not more than one alternate member shall expire in any
one year; provided, however, that the term of not more than two alternate
members shall expire in any one year; and provided further that in
no instance shall the terms of the alternate members first appointed
exceed two years.
(2)
Said alternate members may participate in discussions
of the proceedings but may not vote except in the absence of 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.
A.
The term of the Mayor shall correspond with his official
tenure. The term of the members composing Class II shall be for one
year or shall terminate at the completion of the respective term of
office, whichever occurs first. The term of the Class IV member who
is also a member of the Environmental Commission shall be for three
years or shall terminate at the completion of his term of office as
a member of the Environmental Commission, whichever occurs first.
B.
The terms of all Class IV members first appointed
pursuant to this chapter shall be so determined that, to the greatest
practicable extent, the expiration of such terms shall be distributed
evenly over the first four years after their appointment as determined
by resolution of the governing body; provided, however, that no term
of any member shall exceed four years; and further provided that nothing
herein shall affect the term of any present member of the Land Use
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
hereinabove provided. All terms shall run from January 1 of the year
in which the appointment is made.
[Amended 12-9-2002 by Ord. No. 2002-14]
C.
Any member of the Board other than the Class I member
(after a public hearing, if he requests one) may be removed by the
governing body of Franklin Township for cause. Absence from three
consecutive meetings shall be deemed prima facie evidence of cause.
If a vacancy of any class shall occur other
than by expiration of term, it shall be filled by appointment as above
provided for the unexpired term.
The Board shall elect a Chairman and Vice Chairman
from the members of Class IV and select a Secretary, who may be either
a member of the Board or a municipal employee designated by it.
[Amended 12-9-2002 by Ord. No. 2002-14]
There is hereby created the office of Land Use
Board Attorney. The Board may annually appoint, fix the compensation
of or agree upon the rate of compensation of the Land Use Board Attorney,
who shall be an attorney other than the Municipal Attorney.
The Board may also employ or contract for the
services of experts and other staff and services as it may deem necessary.
The Board shall not exceed, however, exclusive of gifts or grants,
the amount appropriated by the governing body for its use.
[Amended 12-9-2002 by Ord. No. 2002-14]
The Land Use 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:67-1 et seq.) shall
apply. 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 municipality, including any
areas outside its boundaries which, in the Board's judgment, bear
essential relation to the planning of the municipality, in accordance
with the provisions of N.J.S.A. 40:55D-28.
B.
To administer the provisions of the Land Subdivision
Ordinance and Site Plan Review Ordinance of the municipality in accordance
with the provisions of said ordinances and N.J.S.A. 40:55D-37 et seq.
C.
To approve conditional use applications in accordance
with the provisions of the Zoning Ordinance pursuant to N.J.S.A. 40:55D-67.
D.
To participate in the preparation and review of programs
or plans required by state or federal law or regulations.
E.
To assemble data on a continuing basis as part of
a continuous planning process.
F.
To prepare a program of municipal capital improvement
projects projected over a term of six years, and amendments thereto,
and recommend the same to the governing body in accordance with the
provisions of N.J.S.A. 40:55D-29 et seq.
G.
To consider and make report to the governing body,
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 Land
Use Board by the governing body pursuant to the provisions of N.J.S.A.
40:55-D26b.
H.
When reviewing applications for approval of subdivision
plats, site plans or conditional uses, to grant variances and related
relief in accordance with the provisions of N.J.S.A. 40:55D-60 et
seq.
I.
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 governing body or other agencies or officers.
J.
To report and make recommendations concerning an Official
Map in accordance with the provisions of N.J.S.A. 40:55D-32 et seq.
K.
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 official or agency based on or
made in the enforcement of the Zoning Ordinance.
L.
Hear and decide requests for interpretation of the
Zoning Map or Zoning Ordinance or for decisions upon other special
questions upon which such Board is authorized by the Zoning Ordinance
to pass.
M.
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 the Zoning Ordinance would result in peculiar and exceptional practical
difficulties to or exceptional and undue hardship upon the developer
of such.
N.
Variances.
(1)
In particular cases and for special reasons, grant
a variance to allow departure from the Zoning regulations to permit
a use or principal structure in a district restricted against such
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, or a height of a principal
structure which exceeds by 10 feet or 10% 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 members
of the Board.
(2)
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 the purpose of the Zone Plan
and Zoning Ordinance. 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 Land Use Board shall act.
A.
Minor subdivisions. Minor subdivision approval shall
be granted or denied within 45 days of the date of submission of a
complete application to the Board or within such er time as may be
consented to by the applicant. Failure of the Board to act within
the period described shall constitute minor subdivision approval.
Approval of a minor subdivision shall expire 190 days from the date
of approval unless, within such period, a plat in conformity with
such approval and the provision s of the Map Filing Law[1] or a deed clearly describing the approved minor subdivision
is filed by the developer with the County recording officer, the Municipal
Engineer and the Municipal Tax Assessor. Any such plat or deed must
be signed by the Chairman and Secretary of the Board before it will
be accepted for filing by the County recording officer. If, in order
to receive minor subdivision approval, it is mandated that a developer's
agreement, or such other similar agreement, must be fully executed,
the same must be recorded within the aforenoted 190 days with the
County recording officer, additionally, and all Land Use Board resolution(s)
relating to the minor subdivision must likewise be recorded with the
one-hundred-ninety-day period.
[Amended 8-26-1996 by Ord. No. 96-11; 12-9-2002 by Ord. No.
2002-14]
[1]
Editor's Note: See N.J.S.A. 46:23-9.9 et seq.
B.
Preliminary approval of major subdivisions. Upon submission
of a complete application for a subdivision of 10 or fewer lots, the
Board shall grant or deny preliminary approval within 45 days of the
date of such submission or within such further time as may be consented
to by the applicant. Upon submission of a complete application for
a subdivision of more than 10 lots, the Board shall grant or deny
preliminary approval within 95 days of the date of such submission
or within such further time as may be consented to by the applicant.
Otherwise, the Board shall be deemed to have granted preliminary approval
for the subdivision.
C.
Effect of preliminary approval. Preliminary approval of a major subdivision pursuant to Subsection B of this section or of a site plan pursuant to Article IX of this chapter shall, except as provided in Subsection D of this section, confer upon the applicant the rights set forth in N.J.S.A. 40:55D-49.
D.
Ancillary powers. Whenever the Board is called upon to exercise its ancillary powers before the granting of a variance as set forth in § 90-10H of this chapter, the Board shall grant or deny approval of the application within 95 days after submission by the developer of a complete application or within such further time as may be consented to by the applicant. Failure of the Board to act within the period prescribed shall constitute approval of the application.
E.
Final approval.
(1)
Application for final subdivision approval shall be
granted or denied within 45 days of submission of a complete application
or within such further time as may be consented to by the applicant.
(2)
Final approval of a major subdivision shall expire
95 days from the date of signing of the plat unless, within such period,
the plat shall have been duly filed by the developer with the County
recording officer. Within said ninety-five-day period, the fully executed
developer's agreement, whether it be entitled as such or otherwise,
along with any and all Land Use Board resolution(s) regarding the
approval of the major subdivision, shall be recorded with the County
recording officer. The Board may, for good cause shown, extend the
period for recording both documents for an additional period not to
exceed 190 days from the date of signing of the plat.
[Amended 8-26-1996 by Ord. No. 96-11; 12-9-2002 by Ord. No.
2002-14]
F.
Effect of final approval of a site plan or major subdivision.
Final approval of a major subdivision or of a site plan shall confer
upon the applicant the rights set forth in N.J.S.A. 40:55D-52.
G.
Incomplete application. If the application for development
is found to be incomplete, the developer shall be notified thereof
within 45 days of submission of such application, or it shall be deemed
to be properly submitted.
[Amended 4-12-1982 by Ord. No. 82-2; 1-25-1988 by Ord. No.
88-3; 10-2-2006 by Ord. No. 2006-11]
Applications for development within the jurisdiction of the Board pursuant to the provisions of N.J.S.A. 40:55D-1 et seq. shall be filed with the Secretary of the Board. The applicant shall file, at least 21 days before the date of the monthly meeting of the Board, 16 copies of a sketch plat/plans, 16 copies of the appropriate application along with all items on the appropriate checklist. All sketch plats must comply with the requirements of § 90-45A of this chapter. All resubmissions must be submitted a minimum of 14 days prior to the meeting unless otherwise directed. The applicant shall obtain all necessary forms from the Secretary of the Board.
