There is hereby established pursuant to P.L. 1975, c. 291, in
the Borough of Swedesboro a Planning Board of seven members consisting
of the following four classes:
B.
Class II: one of the officials of the Borough of Swedesboro, other
than a member of the governing body, to be appointed by the Mayor.
C.
Class III: a member of the governing body to be appointed by it.
D.
Class IV: other citizens of the municipality to be appointed by the
Mayor. The members of Class IV shall hold no other municipal office,
position or employment. One Class IV member may be a member of the
Board of Education. The member of the Environmental Commission[2] who is also a member of the Planning Board, as required
by Section 1 of P.L. 1968, c.245 (N.J.S.A. 40:56A-1), shall be a Class
IV Planning Board member. 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.
[Amended 12-20-2004[3]]
A.
The term of the member composing Class I shall correspond with 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 year or
terminate at the completion of their respective terms 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 terminate
at the completion of his term of office as a member of the Environmental
Commission, whichever occurs first.[1]
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 term 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 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 hereinabove
provided. All terms shall run from January 1 of the year in which
the appointment is made.
C.
Appointment of alternate members.
[Added 12-20-2004]
(1)
Alternate members shall be appointed by the Mayor and shall meet
the qualifications of Class IV members. Alternate members shall be
designated at the time of appointment by the Mayor as "Alternate No.
1," "Alternate No. 2," "Alternate No. 3," and "Alternate No. 4." The
terms of the alternate members shall be two years, except that the
terms of the alternate members shall be such that the terms of not
more than two alternate members shall expire in any one year; provided,
however, that in no instance shall the terms of the alternate members
first appointed exceed two years. A vacancy occurring otherwise than
by expiration of a term shall be filled by the Mayor for the unexpired
term only.
(2)
No alternate member is permitted to act on any matter in which he
or she has either directly or indirectly any personal or financial
interest. An alternate member may, after public hearing if he or she
requests one, be removed by the governing body for cause.
(3)
Alternate members may participate in all matters but may not vote
except in the absence or disqualification of a regular member of any
class. Participation of alternate members shall not be deemed to increase
the size of the Planning Board. 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.
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.
The Planning 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 Planning Board or a municipal employee designated
by it.
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 of the Planning Board Attorney,
who shall be an attorney other than the Municipal Attorney.
The Planning 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 however exceed, exclusive of gifts or grants,
the amount appropriated by the governing body for its use.
[Amended 12-20-2004]
The 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. The Board's
zoning powers shall be in accordance with N.J.S.A. 40:55D-69 et seq.,
and amendments and supplements thereto, and with the provisions of
this chapter. 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 of Swedesboro, including any areas
outside its boundaries, which, in the Board's judgment, bear
essential relation to the planning of the Borough of Swedesboro, in
accordance with the provisions of N.J.S.A. 40:55D-28.
C.
To approve conditional use applications in accordance with the provisions of Chapter 340, Zoning, 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 continuous basis as part of a continuous planning
process.
F.
If requested to do so by the governing body, to annually prepare
a program of municipal capital improvement projects projected over
a term of six years, and amendments thereto, and recommend same to
the governing body.
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 Planning Board by
the governing body pursuant to the provisions of N.J.S.A. 40:55D-26b.
H.
Variance or direction for issuance of a permit.
(1)
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 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.
The powers of the Board shall be in accordance with N.J.S.A. 40:55D-69
et seq. (Article 9 of P.L. 1975, c. 291), and amendments and supplements
thereto, and with the provisions of this chapter.
K.
It is further the intent of this chapter to confer upon the Board as full and complete powers as may lawfully be conferred upon any Zoning Board of Adjustment, including, but not by way of limitation, the authority in connection with any case, action or proceeding before the Board to interpret and construe the provisions of Chapter 340, Zoning, or any term, clause, sentence or word thereof, and the Zoning Map, in accordance with the general rules of construction applicable to legislative enactments.[1]
L.
The Board shall have such powers as are granted by law to hear and decide appeals where it is alleged by the appellant that there is an error in any order, requirement, decision or refusal made by an administrative official or agency based on or made in the enforcement of Chapter 340, Zoning.
N.
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 for the structures lawfully existing thereon, the strict application of a regulation in Chapter 340, Zoning, or in the Land Use Law, Chapter 219 of the Laws of 1875,[2] 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 appeal relating to such property, a variance from such strict application of such regulation so as to relieve such difficulties or hardship; likewise, wherein an application or appeal relating to a specific piece of property, the purpose of the Land Use Act, Chapter 291 of the Laws of 1975, would be advanced by a deviation from Chapter 340, Zoning, requirements and the benefits of the deviation would substantially outweigh any detriment, grant a variance to allow departure from regulations pursuant to Article VIII of the Municipal Land Use Act; provided, however, that no variance from those departures enumerated in Subsection 9(P) of this section 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 power to review a request for a variance pursuant to Section 47a of the Municipal Land Use Law, Chapter 291 of the Laws of 1975.
[2]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
A.
Minor subdivisions. Minor subdivision approvals shall be granted
or denied within 45 days of the date of submission of a complete application
to the Planning Board or within such further time as may be consented
to by the applicant. Approval of a minor subdivision shall expire
190 days from the date of Planning Board approval, unless within such
period a plat in conformity with such approval and the provisions
of the Map Filing Law 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 Planning
Board before it will be accepted for filing by the county recording
officer.
B.
Preliminary approval for major subdivisions. Upon submission of a
complete application for a subdivision of 10 or fewer lots, the Planning
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 developer. Upon submission of a complete application for
a subdivision of more than 10 lots, the Planning 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 developer.
Otherwise, the Planning Board shall be deemed to have granted preliminary
approval for the subdivision.
C.
Ancillary powers. Whenever the Planning Board is called upon to exercise its ancillary powers before the granting of a variance as set forth in Article II, § 200-12H of this chapter, the Planning 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 Planning Board 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 Planning Board to act shall be issued on request of the applicant.
D.
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 the signing of the plat, unless within such period the plat
shall have been duly filed by the developer with the county recording
officer. The Planning Board may, for good cause shown, extend the
period for recording for an additional period not to exceed 190 days
from the date of the signing of the plat.
Applications for development within the jurisdiction of the
Planning Board pursuant to the provisions of P.L. 1975, c. 291, shall
be filed with the Secretary of the Planning Board. The applicant shall
file, at least 14 days before the date of the monthly meeting of the
Board, three copies of a sketch plat, three copies of applications
for minor subdivision approval, three copies of an application for
major subdivision approval or three copies of an application for site
plan review, conditional use approval or planned development. At the
time of filing the application but in no event less than 10 days prior
to the date set for hearing, the applicant shall also file all plot
plans, maps or other papers required by virtue of any provisions of
this chapter or any rule of the Planning Board. The applicant shall
obtain all necessary forms from the Secretary of the Planning Board.
The Secretary of the Board shall inform the applicant of the steps
to be taken to initiate applications and of the regular meeting dates
of the Board.
[Added 12-20-2004]
A.
Appeals to the Board may be taken by any interested party. Each appeal
shall be taken within the 20 days prescribed by the statute of filing
a notice of appeal with the officer from whom the appeal was taken,
together with three copies of said notice with the Secretary of the
Board. Said notice of appeal shall specify the grounds for 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.
B.
Applications addressed to the original jurisdiction of the Board
without prior application to an administrative officer shall be filed
with the Secretary of the Board. Three copies of the application shall
be filed. At the time of filing the appeal or application, but in
no event less than 10 days prior to the date set for the hearing,
the applicant shall also file all plot plans, maps or other papers
required by virtue of any provision of this chapter or any rule of
the Board. The applicant shall obtain all necessary forms from the
Secretary of the Board. The Secretary of the Board shall inform the
applicant of the steps to be taken to initiate a proceeding and of
the regular meeting dates of the Board.
C.
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, 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 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.
[Added 12-20-2004]
In exercising the above-mentioned power, the Board may, in conformity
with the provisions of P.L. 1975, c. 291,[1] or amendments thereto or subsequent statutes applying,
reverse or affirm wholly or partly or may modify the order, 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.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
[Added 12-20-2004]
Any variance from the terms of this chapter hereafter granted
by the Board 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 been actually commenced on each and every structure permitted
by said variance, or unless such permitted use has actually been commenced,
within one year from the date of publication of the notice of the
judgment or determination of the Board; except, however, that the
running of the period of limitation herein provided shall be tolled
from the date of filing an appeal from the decision of the Board to
the governing body or to a court of competent jurisdiction, until
the termination of any manner of such appeal or proceeding.
[Added 12-20-2004]
A.
The Board shall, in addition to the powers specified in § 200-12 of this chapter, have power given by law 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 drainageway,
flood control basin or public area reserved on the Official Map.
(2)
Direct issuance of a permit pursuant to N.J.S.A. 40:55D-36 for a
building or structure not related to a street.
[Added 12-20-2004]
A.
The Board shall render its decision not later than 120 days after
the date an appeal is taken from the decision of an administrative
officer or not later than 120 days after the date of submission of
a complete application for development to the Board pursuant to the
provisions of N.J.S.A. 40:55D-70b.
B.
Failure of the Board to render a decision within such 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.
[Added 12-20-2004]
The Board shall, at least once a year, review its decisions on applications and appeals for variances and prepare and adopt, by resolution, a report on its findings on Chapter 340, Zoning, provisions which were the subject of variance requests and its recommendations for Chapter 340, Zoning, amendments or revisions, if any. The Board shall send copies of the report and resolution to the Borough of Swedesboro Council.
The Mayor may appoint one 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.
Whenever the Environmental Commission[1] has prepared and submitted to the Planning Board an index
of the natural resources of the municipality, the Planning Board shall
make available to the Environmental Commission an informational copy
of every application for development 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.[2]
