These rules, regulations and standards shall be considered the
minimum requirements for the protection of the public health, safety
and welfare of the citizens of the City of Union City. Any action
taken by the Planning Board and Zoning Board of Adjustment under the
terms of this chapter shall give the primary consideration to the
requirements of this chapter and to the welfare of the entire community.
All provisions of this chapter may be amended in accordance
with applicable laws.
A.
Establishment and composition.
(1)
A Zoning Board of Adjustment is hereby established pursuant to N.J.S.A.
40:55D-69 et seq., consisting of seven regular members and four alternate
members, all residents of the City of Union City appointed by the
Board of Commissioners to serve for terms of four years and two years
respectively, from January 1 of the year of their appointment. Alternate
members shall be designated at the time of appointment by the Board
of Commissioners as "Alternate No. 1," "Alternate No. 2," Alternate
No. 3," and "Alternate No. 4." 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 no regular members shall exceed four years, and that the initial
term of no alternate member shall 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.
[Amended 5-21-2013]
(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.
(3)
Nothing in this chapter shall, however, be construed to affect the
term of any present regular or alternate member of the Zoning Board
of Adjustment, all of whom shall continue in office until the completion
of the term for which they were appointed.
(4)
No member of the Board of Adjustment may hold any elective office
of the City of Union City or be employed by the City of Union City.
(5)
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.
(6)
A member may, after public hearing if he requests it, be removed
by the governing body for cause.
(7)
A vacancy occurring other than by expiration of term shall be filled
for the unexpired term only.
B.
Board of Adjustment authority. The Board of Adjustment shall have
such powers as are granted in the Municipal Land Use Law, N.J.S.A.
40:55D-1 et seq.
C.
Appeals and applications.
(1)
Appeals to the Board of Adjustment may be taken by any interested
party. Each appeal shall be taken within 20 days by filing a notice
of appeal with the officer from whom the appeal is taken. 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.
(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
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 restraining order which may be granted
by the Board of Adjustment or by the Superior Court of New Jersey
on the application or notice to the officer from whom the appeal is
taken and on due cause shown.
(3)
Applications addressed to the original jurisdiction of the Board
of Adjustment without prior application to an administrative officer
shall be filed with the Secretary of the Zoning Board of Adjustment.
Twelve 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 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 Board of Adjustment. The applicant shall
obtain all necessary forms from the Secretary of the Zoning Board
of Adjustment. The Secretary of the Board shall inform the applicant
of the steps to be taken to initiate proceedings and of the regular
meeting dates of the Board.
(4)
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 Board of Adjustment shall act.
(5)
Applications for interpretations shall comply with the requirements
of the Municipal Land Use Law at N.J.S.A. 40:55D-70a.
D.
Power to reverse or modify decisions. In exercising its power, the
Board of Adjustment may reverse or affirm wholly or partly or may
modify the order, requirement, decision, or determination appealed
from and make such other requirements, decisions 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.
E.
Time for decision. The Board of Adjustment shall render its decision
in accordance with the provisions of the New Jersey Municipal Land
Use Law, N.J.S.A. 40:55D-1 et seq.
A.
Establishment and composition.
(1)
A
Planning Board is hereby established pursuant to N.J.S.A. 40:55D-23
et seq., consisting of nine regular members and two alternate members
consisting of the following four classes:
(a)
Class I: the Mayor or his designee.
(b)
Class II: one of the officials of the municipality other than a member
of the governing body 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 is both a member of the Zoning Board of Adjustment
and a member of the Board of Education among the Class IV members.
(c)
Class III: a member of the governing body to be appointed by it.
(d)
Class IV: six other citizens of the municipality to be appointed
by the Mayor.
(2)
The
members of Class IV shall hold no other municipal office, except that
one member may be a member of the Zoning Board of Adjustment and one
may be a member of the Board of Education. Alternate members shall
be appointed by the appointing authority for Class IV members and
shall meet the qualifications of Class IV member of nine-member Planning
Boards. Nothing in this chapter shall, however, be construed to effect
the term of any present regular or alternate member of the Planning
Board, all of whom shall continue in office until the completion of
the term for which they were appointed.
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 terms of a Class IV member who is also a member of the Board
of Adjustment or the 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 practicable extent,
the expiration of such terms shall be evenly distributed 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 term 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.
(4)
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 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 in no instance shall the terms of the alternate members first
appointed exceed two years.
(a)
No alternate member shall be permitted to act on any matter
in which he has either directly or indirectly any personal or financial
interest. An alternate member may, after public hearing if he requests
one, be removed by the governing body for cause.
(b)
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.
C.
Vacancies. If a vacancy of any class, including an alternate, shall
occur other than by expiration of term, it shall be filled by appointment
as above provided for the unexpired term.
D.
Officers. The Planning Board shall elect a Chairman and Vice Chairman
from the members of Class IV and shall also select a Secretary who
may or may not be a Board member or another municipal employee.
E.
Planning Board Attorney. There is hereby created the office of Planning
Board Attorney. The Planning Board may annually appoint the Planning
Board Attorney who shall be an attorney other than the municipal attorney.
Compensation to be paid to said Planning Board Attorney shall be established
by ordinance adopted by the governing body.
F.
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 Board shall not, however, exceed, exclusive of
gifts or grants, the amount appropriated by the governing body for
its use.
G.
Powers and duties generally. 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. It shall also have the following powers and duties:
(1)
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.
(2)
To administer the provisions of this chapter in accordance with the
provisions of the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.
(3)
To approve conditional use applications in accordance with the provisions
of this chapter pursuant to N.J.S.A. 40:55D-67.
(4)
To participate in the preparation and review of programs or plans
required by state or federal law regulations.
(5)
To assemble data on a continuing basis as part of a continuous planning
process.
(6)
To annually prepare a program of municipal capital improvement projects
over a term of six years and amendments thereto and recommend same
to the governing body.
(7)
To consider and make a 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 provision of N.J.S.A. 40:55D-26b.
(8)
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 variances
pursuant to N.J.S.A. 40:55D-70c from lot area, lot dimensional setback
and yard requirements. 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.
(9)
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.
H.
Advisory Committee. 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.
Nothing in this chapter shall require any change in a construction
permit, site plan, or zoning variance which was approved before the
enactment of this chapter, but is in violation of this chapter, provided
that construction based on such a construction permit shall have been
started within one year from the effective date of this chapter, and,
in the case of a site plan or variance a construction permit shall
have been issued within one year following the effective date of this
chapter. In all instances the project shall be continuously pursued
to completion, otherwise said approvals and permits shall be void.
All requirements of this chapter shall be met at the time of
any erection, enlargement, moving or change in use. All developments
resulting from subdivision and site plan approvals shall comply with
all the design and performance standards, including conditions imposed
by the approving authority as shown on the approved plat and/or included
on the resolution adopted by the approving authority.
If there is a prior approval existing on any property that has
been granted by the Planning Board or Zoning Board of Adjustment of
the City of Union City that is still in existence at the time another
approval is obtained from either of these Boards, then the prior approval
shall be automatically vacated upon the subsequent approval.
A.
Before any permit shall be issued for a conditional use, an application
shall be made to the approving authority. The approving authority
shall grant or deny the application after public hearing, but within
95 days of submission of a complete application to the administrative
officer or within such further time as may be consented to by the
applicant.
B.
Notice of the hearing for a conditional use shall include reference
to all matters being heard, including site plan and/or subdivision,
and the approving authority shall review and approve or deny the subdivision
or site plan simultaneously with the conditional use application.
C.
Failure of the approving authority to act within the required time
period shall constitute approval of the application.
D.
In reviewing the conditional use application, the approving authority
shall review the number of employees or users of the property, the
requirements set forth in this chapter, and shall give consideration
to all reasonable elements which would affect the public health, welfare,
safety, comfort and convenience, such as but not limited to the proposed
use(s), the character of the area, vehicular travel patterns and access,
pedestrianways, landscaping, lighting, signs, drainage, sewage treatment,
potable water supply, utilities, and structural location(s) and orientation(s),
and shall conduct a public hearing on the application.
F.
In all requests for approval of conditional uses, the burden of proof
shall be on the applicant.
G.
All conditional uses shall require site plan review and approval
by the approving authority, including changes, modifications or alterations
from one conditional use to another conditional use, or changes, modifications
or alterations within the same conditional use.
A.
Purpose. The purpose of this section is to provide for the establishment
of a fee schedule for the payment of fees with respect to all applications
submitted to the City of Union City pursuant to the City's zoning
and land use regulations.
B.
Procedures.
(1)
Application fees covering administration and overhead shall be charged
to the applicant and shall be submitted at the time of an application
for a review or hearing by the Planning Board or Zoning Board of Adjustment.
(2)
In addition to the fees to be paid herein, the applicant shall submit
escrow deposits at the time of submission of an application for a
review or hearing by the Planning Board or Zoning Board of Adjustment.
(3)
All application fees and escrow funds shall be paid to the City's Tax Collector in cash, certified check, attorney's check, or money order made payable to the City of Union City. Application fees and escrow funds shall be paid to the City Tax Collector with separate certified checks or money orders. Along with the application fees and escrow funds, the applicant shall submit a letter breaking out the totals into its component parts, pursuant to Subsection B(4) and (5) below.
(4)
Where an application involves more than one of the categories itemized
below, the fees and/or escrow deposit applicable to each category
shall be required.
(5)
The escrow funds shall be deposited into a separate trust account
by the City, pursuant to N.J.S.A. 40:55D-53.1, and if the deposit
amount required is greater than $5,000, interest will accrue to the
applicant. Disbursements may be made from the escrow fund only after
approval by the City of Union City's Chief Financial Officer.
(6)
Escrow funds shall be placed in an escrow account by the Chief Financial
Officer. Such funds shall be used to pay the Board's Attorney,
professional engineer, professional planner, traffic engineer, and
other experts deemed necessary to review and comment on the application.
Said experts shall submit vouchers to the City for all reasonable
and necessary fees for review of the application, which fees shall
be paid from the escrow account in a manner prescribed in N.J.S.A.
40:55D-53.2c and N.J.S.A. 40A:5-16 through 40A:5-18.
(7)
Where the review costs exceed the escrow deposit fee, the applicant
shall pay the additional amount within 15 days of the request. Failure
to remit the additional required deposit within the requested time
line shall render the application incomplete, and no further action
or proceedings shall be taken by the Planning Board or Zoning Board
of Adjustment until after compliance. Where the review costs are less
than the amount of the escrow deposit, the difference shall be returned
to the applicant within 120 days of final disposition of the application.
(8)
In the event that an application is withdrawn, application fees are
nonrefundable, but any escrow funds remaining at the time of withdrawal
shall be returned to the applicant. If the same application is resubmitted
at a later time, the applicant shall be required to repay all application
fees and establish a new escrow account.
(9)
An application is deemed incomplete until all application fees and
escrow deposits are submitted.
C.
The schedule of fees and escrow deposits is set forth in § 155-14C
of this Code.
[Amended 5-21-2013]