A.
There is herewith established, pursuant to N.J.S.A. 40:55D-23, a
Planning Board for the City of Pleasantville. Such Planning Board
shall consist of nine regular members, which shall consist of and
be divided into the following four classes:
(1)
Class I: the Mayor of the City of Pleasantville or, in the absence
of the Mayor, a designee who shall be appointed by the Mayor.
(2)
Class II: one official of the City of Pleasantville, other than a
member of the City Council, who shall be appointed by the Mayor. If
the City adopts 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 in the event that there be among the Class IV or alternate
members of the Planning Board both a member of the Zoning Board of
Adjustment and a member of the Board of Education.
(3)
Class III: one member of the governing body, who shall be appointed
by the members of the governing body.
(4)
Class IV: six other citizens of the City of Pleasantville, who shall
be appointed by the Mayor. Class IV members shall hold no other City
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 Board
of Education. If the City adopts 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, unless there be among the Class
IV or alternate 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 common to the Planning Board and Environmental
Commission shall be deemed a Class II member of the Planning Board.
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.
B.
Alternate members. There shall be appointed to the Planning Board
not more than two alternate members. Such alternates members shall
meet the qualifications of Class IV members and shall be designated
by the Mayor at time of appointment as "Alternate No. 1" and "Alternate
No. 2." 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 established by ordinance
of the governing body pursuant to N.J.S.A. 40:55D-23. 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.
Temporary members. If the Planning Board lacks a quorum because any
of its regular or alternate members is prohibited by N.J.S.A. 40:55D-23
or 40:55D-23.1 from acting on a matter due to the member's personal
or financial interests therein, regular members of the Zoning Board
of Adjustment shall be called upon to serve, for that matter only,
as temporary members of the Planning Board in order of seniority of
continuous service to the Zoning Board of Adjustment until there are
in attendance the minimum number of Planning Board members necessary
to constitute a quorum to act upon the matter without any personal
or financial interest therein, whether direct or indirect. If a choice
has to be made between regular members of equal seniority, the Chair
of the Zoning Board of Adjustment shall make the choice.
D.
All members of the Planning Board except for the Class II members
set forth below shall be, at the time of appointment and throughout
their term as a member of the Planning Board, residents of the City
of Pleasantville.
E.
Educational requirements.
(1)
No person shall be seated as a member or alternate member of the
Planning Board who has not agreed to take the basic course in land
use law and planning required to be offered by the New Jersey Department
of Community Affairs pursuant to N.J.S.A. 40:55D-23.3a.
(2)
No person shall retain a seat as a member or alternate member of
the Planning Board who has not successfully completed such course
within 18 months of assuming Board membership.
(3)
Exceptions to the foregoing are:
(a)
Class I and Class III Board members;
(b)
Any person who is licensed as a professional planner and maintains
such license in good standing as of the date upon which that person
would otherwise be required to demonstrate compliance with the provisions
of N.J.S.A. 40:55D-23.3; and
(c)
Any person who offers proof of having completed a more extensive
course in land use law and planning than that required by N.J.S.A.
40:55D-23.3 within 12 months of the date upon which that person would
otherwise be required to demonstrate compliance with N.J.S.A. 40:55D-23.3
and which, in the determination of the Commissioner of the New Jersey
Department of Community Affairs, is equivalent to or more extensive
than that course offered pursuant to N.J.S.A. 40:55D-23.3.
F.
Terms of office.
(1)
Class I: term shall correspond to the official tenure of the Mayor.
The Mayor's designee shall serve at the pleasure of the Mayor, but
in no case longer than the Mayor's official tenure in office.
(2)
Class II: term shall be for one year or for the remainder of the
Class II member's term of office, whichever is shorter.
(3)
Class III: term shall be for one year or for the remainder of the
Class III member's term of office, whichever is shorter.
(4)
Class IV: The term of each Class IV member shall be four years. Members
of the Planning Board on the effective date of this chapter shall
continue in office until the completion of their terms as provided
by law immediately prior to the effective date of this chapter. New
appointments or reappointments to the Planning Board shall be governed
by the provisions of this chapter. The term of a Class IV member of
the Planning Board who is also a member of the Zoning Board of Adjustment
or the Board of Education shall terminate whenever such Class IV member
is no longer a member of such other body, or at the completion of
the Class IV term, whichever occurs first.
(5)
Alternate members. Terms 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 vacancy occurring otherwise than
by expiration of a term shall be filled by the Mayor for the unexpired
term only.
G.
Vacancy. Permanent vacancies on the Planning Board shall be filled
by appointment, as provided above, for the unexpired term of the former
member whose place has become vacant.
H.
Removal.
(1)
Any member of the Planning Board, other than the Mayor, may be removed
by the City Council for cause, upon written charges being formally
adopted. If the member being removed for cause so requests, a public
hearing shall be granted. Cause for removal of a member shall include
any undisclosed or unlawful conflict of interest; any violation of
the codes, ordinances or rules applicable to the member's performance
of his/her duties; any unwillingness or inability to carry out such
duties in a prompt, conscientious and competent manner; any conduct
tending to cast doubt upon the integrity or objectivity of the member
in performing such duties; or any other specific conduct of the member
found by the City Council to be detrimental to the proper functioning
of the Board.
(2)
The Planning Board may, if its adopted rules so permit, recommend
to the governing body that one or more of its members be removed,
provided that such recommendation include specific reasons for such
recommendation.
I.
Compensation. Members of the Planning Board shall serve without compensation
but shall be entitled, to the extent that available funds are appropriated
by the City Council in its budget therefor, to reimbursement for reasonable
expenses necessarily incurred in the performance of their duties.
J.
Conflicts of interest. No member or alternate member of the Planning
Board shall be permitted to act on any matter in which such member
has, either directly or indirectly, any personal or financial interest.
Whenever any such member shall recuse himself/herself from acting
on a particular matter by reason of such conflict of interest, such
member shall not continue to sit with the Board on the hearing of
such matter, nor shall such member participate in any discussions
or proceedings related thereto. Nothing herein shall deny a Board
member who has recused himself/herself from a particular matter the
right to speak for or against, or otherwise comment on, such matter
during the Board hearing related thereto, provided that any such comment
is made during the public portion of the Board hearing on such matter
and further provided that such recused member identifies for the record
that such comments are personal and in no way reflect an official
position as a member of the Board or the position of the Board.
K.
Officers; solicitor; professional experts; staff.
(1)
Chair and Vice Chair.
(a)
The Planning Board shall annually elect a Chair and a Vice Chair
from among its Class IV members. The Chair shall preside at all meetings
and hearings and fulfill the customary functions of that office. In
the absence of the Chair, the Vice Chair shall act as Chair and shall
have all the powers of the Chair. The Vice Chair shall have such other
powers and duties as may from time to time be provided by the rules
of the Board. The presiding officer of the Board may administer oaths.
(b)
An alternate member shall not serve as Chair or Vice Chair of
the Planning Board.
(2)
Solicitor.
(a)
The Planning Board shall employ or contract for the services
of legal counsel, to be known as the "Planning Board Solicitor," and
shall fix the compensation of said Solicitor at such amount as the
Board may deem reasonable.
(b)
The Planning Board Solicitor shall be an attorney, other than
the Municipal Attorney (City Solicitor) or an attorney on his/her
staff, who is licensed to practice law in the State of New Jersey.
(c)
The Planning Board Solicitor shall act as legal advisor to the
Board, and he/she or his/her delegate shall attend all hearings of
the Planning Board unless excused by the Chair; shall attend any meetings
of the Board at which his/her presence is requested; shall review
and give an opinion concerning the legal sufficiency of any provision,
code, ordinance, rule or regulation, or amendments thereto, relating
to land use development and regulation presently in force or proposed
for adoption by any official, department, bureau, board, commission
or agency of the City, and shall be available, on reasonable request,
for consultation with the Planning Board concerning matters properly
subject to its jurisdiction and authority. The Planning Board Solicitor
or his/her delegate shall also provide advice and aid to the Zoning
Officer in the enforcement of this chapter and shall, where directed
by the Planning Board, initiate such legal actions as may be necessary
to the proper enforcement of this chapter.
(3)
Professional experts.
(a)
The Planning Board shall employ or contract for the services
of professional experts, including, but not limited to, a professional
engineer and professional planner to be known as the "Planning Board
Engineer" and "Planning Board Planner," respectively, and shall fix
the compensation of such professionals at such amount as the Board
may deem reasonable.
(b)
The Planning Board Engineer shall be a professional engineer,
and the Planning Board Planner shall be a professional planner. Both
shall be licensed to practice their professions by the State of New
Jersey.
(c)
The Planning Board Engineer and Planner shall act as engineering
and planning advisors to the Board, and they or their delegates shall
attend all hearings of the Planning Board unless excused by the Chair;
shall attend any meetings of the Board at which their presence is
requested; shall review and provide opinions concerning the engineering
and planning sufficiency of any provision, code, ordinance, rule or
regulation, or amendments thereto, relating to land use development
and regulation presently in force or proposed for adoption by any
official, department, bureau, board, commission or agency of the City;
and shall be available, on reasonable request, for consultation with
the Planning Board concerning matters properly subject to its jurisdiction
and authority. The Planning Board Engineer and Planner, or their delegates,
shall also provide advice and aid to the Zoning Officer in the enforcement
of this chapter.
(d)
The Planning Board Engineer shall also perform such duties as
may be required in accordance with N.J.S.A. 40:55D-1 et seq.
(4)
Staff. The Planning Board shall select a Secretary, who may or may
not be a member or alternate member of the Planning Board or a municipal
employee, and create and fill such other offices as established by
this chapter.
(5)
Other. The Planning Board may also employ or contract for such experts,
consultants and other staff and services as it may deem necessary
and fix the compensation thereof at such amount as the Board may deem
reasonable.
L.
Quorum; voting.
(1)
No action shall be taken at any Planning Board meeting or hearing
without a quorum, consisting of five members, being present. The concurring
votes of a majority of the members voting, but not less than three
votes, shall be necessary to any action by the Planning Board.
(2)
A member absent from any portion of a meeting or hearing, or, where
a meeting or hearing is carried over to two or more sessions, from
one or more of the sessions, shall be eligible to vote upon the matter
heard, notwithstanding such absence, provided that such Board member
shall first certify on the record that he/she has read a transcript
or listened to a recording of the session or sessions or part thereof
from which he/she was absent.
M.
Meetings; hearings; procedures.
(1)
The Planning Board shall fix the time and place for holding its regular
meetings, provided that a meeting shall be scheduled not less than
once each month and shall be held as scheduled unless canceled for
lack of applications for development to process or other business
to conduct. The Planning Board may provide for special meetings at
the call of the Chair or at the request of any two of its members,
which shall be held after notice to its members and the public in
accordance with the provisions of the Open Public Meetings Act (N.J.S.A.
10:4-6 et seq.) and the rules of the Planning Board. All regular meetings
and all special meetings of the Planning Board shall be open to the
public; provided, however, that, in accordance with N.J.S.A. 40:55D-9,
the Board may meet in executive session for the purpose of discussing
and studying any matters to come before it, and these sessions shall
not be deemed a regular or special meeting. All testimony at any meeting
of the Planning Board shall be giver under oath.
(2)
All hearings of the Planning Board shall be set, noticed and conducted in accordance with the provisions of to §§ 300-26 through 300-30; provided, however, that the Planning Board may waive the notice and public hearing in accordance with N.J.S.A. 40:55D-47 for an application for development if the Planning Board, or Minor Subdivision Committee thereof, if appointed by the Chair, finds that the application for development is a minor subdivision as defined in § 300-10.
(3)
The Planning Board shall adopt its own rules for the conduct of its business, meetings and hearings not inconsistent with this chapter and the statutes of the State of New Jersey. Such rules shall be filed with the Board Secretary, and copies thereof shall be available to any person upon request and the payment of a fee in accordance with § 300-9. Any rule so adopted which relates solely to the conduct of the Board's meetings or hearings and which is not mandated by this chapter or the statutes of the State of New Jersey may be waived by the Board upon good cause being shown.
N.
Minutes; transcripts; records; decisions.
(1)
Minutes of every regular or special meeting and of every hearing
shall be kept and shall include the names of the persons appearing
and addressing the Planning Board and of the persons appearing by
attorney, the action taken by the Planning Board, the findings, if
any, made by it and reasons therefor.
(2)
A verbatim recording of the proceedings of every hearing, by either
stenographic, mechanical or electronic means, shall be kept.
(3)
All minutes, verbatim recordings, applications, requests, exhibits and papers filed in any proceeding before the Planning Board, and the decision and report or reports of the Board, shall constitute the record of any matter brought before the Board. The records of the Board's activity shall be made available for public inspection during normal business hours at the office of the Board Secretary. Any interested party shall have the right to compel production of such records for use and evidence in any legal proceedings concerning the subject matter of such records. Such interested party shall be charged a fee for reproduction of such records in accordance with § 300-9.
(4)
Every decision of the Planning Board for an amendment of this chapter,
site plan/subdivision plat approval or a variance pursuant to this
chapter shall be by written resolution, which shall include findings
of fact, shall refer to the evidence in the record and to the exhibits,
plans or specifications upon which such decision is based, shall specify
the reason or reasons for such decision and shall contain a conclusion
or statement separate from the findings of fact which shall set forth
the recommendation of the Board or shall grant approval, grant conditional
approval subject to expressly stated modifications or deny approval.
Every resolution shall expressly set forth any limitations or conditions
imposed on or recommended with respect to any approval granted or
recommended or any development, work or use authorized or recommended.
(5)
In reaching its decision on any such application, the Planning Board
may rely on the personal knowledge of its members, on its inspections
of the property and on any reports available to it; provided, however,
that reliance on such matter shall not be allowed unless the Board
shall have made the particular knowledge, inspection or report a matter
of record at the public hearing and afforded every party reasonable
time to respond to it or, in any case where no public hearing before
the Planning Board is required, shall have expressly noted such knowledge,
inspection or report in its recommendation to the body charged with
conducting a hearing or taking final action on the application.
(6)
The Planning Board shall take no final or binding vote on any decision
pertaining to any application unless it shall first have before it
the written resolution herein required; provided, however, that where
special circumstances so warrant, the Planning Board may take final
action on any such application prior to the preparation of such resolution,
but in such event it shall, before taking such action, first state
its findings and conclusions as above required at a meeting open to
the public and shall, in addition, state the special circumstances
warranting such action.
(7)
In any case where this chapter, or where N.J.S.A. 40:55D-1 et seq.,
provides that the failure of the Planning Board to act within a fixed
period shall be deemed a grant or denial of a recommendation upon
an application, such failure shall, notwithstanding the absence of
required findings and conclusions, be considered to be a decision
or recommendation of the Board rendered on the day following the expiration
of such fixed period.
(8)
Within 10 days following any decision on such application, the Planning Board Secretary shall mail notice thereof to each person entitled to notice pursuant to § 300-29. A brief notice of the decision of the Board shall be placed in a newspaper having general circulation.
(9)
As to other matters brought before the Planning Board, the Board
shall prepare such reports and make such communications as it shall
deem appropriate to the subject matter.
O.
Powers and duties. The Planning Board shall be empowered to exercise
all duties and responsibilities conferred to it by N.J.S.A. 40:55D-1
et seq., N.J.S.A. 40A:12A-1 et seq., and this chapter, specifically,
but without limitation:
(1)
Prepare, adopt, reexamine and amend the municipal Master Plan and
its constituent elements in accordance with N.J.S.A. 40:55D-28 and
40:55D-89.
(2)
Develop and make recommendations to the City Council concerning the
Official Map or amendments thereto in accordance with N.J.S.A. 40:55D-32.
(3)
Develop and make recommendations to the City Council concerning the
Zoning Map or amendments thereto in accordance with N.J.S.A. 40:55D-62.
(4)
If authorized by the governing body, develop and make recommendations
to City Council concerning a capital improvement program and amendments
thereto in accordance with N.J.S.A. 40:55D-29.
(5)
Review and make recommendations to the City Council concerning this
chapter and amendments thereto, including those related to development
regulations in accordance with N.J.S.A. 40:55D-26a and other matters
referred to the Planning Board by City Council in accordance with
N.J.S.A. 40:55D-26b.
(6)
Administer the provisions of this chapter in accordance with N.J.S.A.
40:55D-1 et seq.
(7)
Review and approve or disapprove site plans and subdivision plats
in accordance with N.J.S.A. 40:55D-46, 40:55D-47, 40:55D-48 and 40:55D-50,
and, at its discretion, waive notice and public hearing for all applications
for development for minor subdivisions, as defined in this chapter,
in accordance with N.J.S.A. 40:55D-47. Regardless of whether or not
such minor subdivision approval is issued by way of noticed public
hearing or waiver of such noticed public hearing, such approval shall
be deemed to be the final approval of the minor subdivision by the
Board, provided that the Board may condition such approval on terms
ensuring the provision of improvements as provided for in this chapter.
(8)
Form from among its members, at its discretion, and in accordance
with N.J.S.A. 40:55D-47, a Minor Subdivision Review Committee, whose
powers and duties shall be limited to review and approval or disapproval
of minor subdivision plats as defined in this chapter. Such Committee
may, if so empowered by the Board, waive notice and public hearing
for all such applications, in accordance with N.J.S.A. 40:55D-47.
Regardless of whether or not such minor subdivision approval is issued
by way of noticed public hearing or waiver of such noticed public
hearing, such approval shall be deemed to be the final approval of
the Minor Subdivision Committee, provided that the Committee may condition
such approval on terms ensuring the provision of improvements as provided
for in this chapter.
(9)
Review requests for, grant or deny variances in conjunction with
the review of applications for approval of subdivision plats, site
plans in accordance with N.J.S.A. 40:55D-70c.
(10)
Appoint legal counsel, professional experts and other staff.
(11)
Assemble data on a continuing basis as a part of a continuous
planning process.
(12)
Subject to the right of the applicant to receive a decision
within the time periods specified by this chapter, make referrals
in addition to those expressly required by this chapter to persons
or agencies for their recommendations.
(13)
Aid and assist City Council and the departments and agencies
of the City in implementing general plans and in planning, developing
and completing specific projects.
(14)
Review and report on any matter referred to it by City Council
or the Zoning Board of Adjustment.
(15)
Perform such other advisory duties as are assigned to it by
ordinance or resolution of City Council for the aid and assistance
of City Council or other agencies or officers.
(16)
Upon reasonable, written request, make its special knowledge
and expertise available to any official, department, bureau, board,
commission or agency of the City, county, state or federal governments
to aid them in the performance of their respective duties relating
to the planning and development of the City and its region, and to
participate in the preparation and review of programs or plans required
by state or federal law or regulation.
(17)
In furtherance of the above jurisdiction and authority, make
such investigations, maps and reports and recommendations in connection
therewith relating to the planning and development of the City of
Pleasantville as may be necessary, appropriate and desirable; provided,
however, that the expenditures of the Board shall not exceed the amounts
appropriated therefor.
(18)
Issue subpoenas, administer oaths and take testimony in the
exercise of its duties (wherein the provisions of N.J.S.A. 2A:67A-1
et seq., shall govern).
(19)
Conduct, when authorized by the governing body, a preliminary
investigation and hearing and make a recommendation pursuant to N.J.S.A.
40A:12A-6b as to whether an area is in need of redevelopment.
(20)
Make recommendations concerning a redevelopment plan pursuant
to N.J.S.A. 40A:12A-7e or prepare a redevelopment plan pursuant to
N.J.S.A. 40A:12A-7f.
(21)
Make recommendations concerning the determination of an area
in need of rehabilitation pursuant to N.J.S.A. 40A:12A-14.
P.
Appeals. Any interested person may appeal any final decision of the
Planning Board to the court of proper jurisdiction; to the Board of
Public Utility Commissioners in the cases specified in and pursuant
to the provisions of N.J.S.A. 40:55D-19; and, to the extent and in
the manner authorized by New Jersey law, to any court of competent
jurisdiction.
A.
There is herewith established, pursuant to N.J.S.A. 40:55D-69, a
Zoning Board of Adjustment for the City of Pleasantville ("Zoning
Board" or "Board of Adjustment"). Such Zoning Board shall consist
of seven regular members, which all shall be appointed by the governing
body.
B.
Alternate members. There shall be appointed to the Zoning Board by
the governing body not more than two alternate members, who shall
be designated by the Chair of the Board as "Alternate No. 1" and "Alternate
No. 2." Alternate members may participate in all matters but may not
vote except in the absence or disqualification of a regular member.
Participation of alternate members shall not be deemed to increase
the size of the Zoning Board established by ordinance of the governing
body pursuant to N.J.S.A. 40:55D-69. A vote shall not be delayed in
order that a regular member may vote instead of an alternate member.
Alternate members shall serve in rotation in the event that a choice
must be made as to which alternate member is to vote.
C.
Temporary members. If the Board of Adjustment lacks a quorum because
any of its regular or alternate members is prohibited by N.J.S.A.
40:55D-69 from acting on a matter due to the member's personal or
financial interests therein, Class IV members of the Planning Board
shall be called upon to serve, for that matter only, as temporary
members of the Zoning Board in order of seniority of continuous service
to the Planning Board until there are in attendance the minimum number
of Zoning Board members necessary to constitute a quorum to act upon
the matter without any personal or financial interest therein, whether
direct or indirect. If a choice has to be made between Class IV members
of equal seniority, the Chair of the Planning Board shall make the
choice.
D.
All members of the Zoning Board shall be, at the time of appointment
and throughout their term as a member of the Zoning Board, residents
of the City of Pleasantville. No member of the Zoning Board may hold
any elective office or position in the City.
E.
Educational requirements.
(1)
No person shall be seated as a member or alternate member of the
Board of Adjustment who has not agreed to take the basic course in
land use law and planning required to be offered by the New Jersey
Department of Community Affairs pursuant to N.J.S.A. 40:55D-23.3a.
(2)
No person shall retain a seat as a member or alternate member of
the Board of Adjustment who has not successfully completed such course
within 18 months of assuming Board membership.
(3)
Exceptions to the foregoing are:
(a)
Any person who is licensed as a professional planner and maintains
such license in good standing as of the date upon which that person
would otherwise be required to demonstrate compliance with the provisions
of N.J.S.A. 40:55D-23.3; and
(b)
Any person who offers proof of having completed a more extensive
course in land use law and planning than that required by N.J.S.A.
40:55D-23.3 within 12 months of the date upon which that person would
otherwise be required to demonstrate compliance with N.J.S.A. 40:55D-23.3
and which, in the determination of the Commissioner of the New Jersey
Department of Community Affairs, is equivalent to or more extensive
than that course offered pursuant to N.J.S.A. 40:55D-23.3.
F.
Terms of office.
(1)
The term of each member shall be four years. Members of the Board
of Adjustment on the effective date of this chapter shall continue
in office until the completion of their terms as provided by law immediately
prior to the effective date of this chapter. Any new appointments
or reappointments to the Board of Adjustment shall be governed by
the provisions of this chapter.
(2)
Alternate members. 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
vacancy occurring otherwise than by expiration of term shall be fixed
by the appointing authority for the unexpired term only.
G.
Vacancy. Permanent vacancies on the Zoning Board shall be filled
by appointment, as provided above, for the unexpired term of the former
member whose place has become vacant.
H.
Removal.
(1)
Any member of the Board of Adjustment may be removed by the City
Council for cause. If the member being removed for cause so requests,
a public hearing shall be granted. Cause for removal of a member shall
include any undisclosed or unlawful conflict of interest; any violation
of the codes, ordinances or rules applicable to the member's performance
of his/her duties; any unwillingness or inability to carry out such
duties in a prompt, conscientious and competent manner; any conduct
tending to cast doubt upon the integrity or objectivity of the member
in performing such duties; or any other specific conduct of the member
found by the City Council to be detrimental to the proper functioning
of the Board.
(2)
The Zoning Board of Adjustment may, if its adopted rules so permit,
recommend to the governing body that one or more of its members be
removed, provided that such recommendation include specific reasons
for such recommendation.
I.
Compensation. Members of the Board of Adjustment shall serve without
compensation but shall be entitled, to the extent that available funds
are appropriated by the City Council in its budget therefor, to reimbursement
for reasonable expenses necessarily incurred in the performance of
their duties.
J.
Conflicts of interest. No member or alternate member of the Zoning
Board shall be permitted to act on any matter in which he/she has,
either directly or indirectly, any personal or financial interest.
Whenever any such member shall recuse himself/herself from acting
on a particular matter by reason of such conflict of interest, such
member shall not continue to sit with the Board on the hearing of
such matter, nor shall be/she participate in any discussions or proceedings
related thereto. Nothing herein shall deny a Board member who has
recused himself/herself from a particular matter the right to speak
for or against, or otherwise comment on, such matter during the Board
hearing related thereto, provided that any such comment is made during
the public portion of the Board hearing on such matter and further
provided that such recused member identifies for the record that such
comments are personal and in no way reflect an official position as
a member of the Board or the position of the Board.
K.
Officers; solicitor; professional experts; staff.
(1)
Chair and vice chair.
(a)
The Board of Adjustment shall annually elect a Chair and a Vice
Chair from its members. The Chair shall preside at all meetings and
hearings and fulfill the customary functions of that office. In the
absence of the Chair, the Vice Chair shall act as Chair and shall
have all the powers of the Chair. The Vice Chair shall have such other
powers and duties as may from time to time be provided by the rules
of the Board. The presiding officer of the Board may administer oaths.
(b)
An alternate member shall not serve as Chair or Vice Chair of
the Zoning Board.
(2)
Solicitor.
(a)
The Board of Adjustment shall employ or contract for the services
of legal counsel, to be known as the "Zoning Board Solicitor," and
shall fix the compensation of said Solicitor at such amount as the
Board may deem reasonable.
(b)
The Zoning Board Solicitor shall be an attorney, other than
the Municipal Attorney (City Solicitor) or an attorney on his/her
staff, who is licensed to practice law in the State of New Jersey.
(3)
The Zoning Board Solicitor shall act as legal advisor to the Board,
and he/she or his/her delegate shall attend all hearings of the Zoning
Board unless excused by the Chair; shall attend any meetings of the
Board at which his/her presence is requested; shall review and give
an opinion concerning the legal sufficiency of any provision, code,
ordinance, rule or regulation or amendments thereto relating to land
use development and regulation presently in force or proposed for
adoption by any official, department, bureau, board, commission or
agency of the City; and shall be available, on reasonable request,
for consultation with the Board of Adjustment concerning matters properly
subject to its jurisdiction and authority. The Zoning Board Solicitor
or his/her delegate shall also provide advice and aid to the Zoning
Officer in the enforcement of this chapter and shall, where directed
by the Board of Adjustment, initiate such legal actions as may be
necessary to the proper enforcement of this chapter.
(4)
Professional experts. The Zoning Board shall employ or contract for
the services of professional experts, including, but not limited to,
a professional engineer and professional planner to be known as the
"Zoning Board Engineer" and "Zoning Board Planner," respectively,
and shall fix the compensation of such professionals at such amount
as the Board may deem reasonable.
(5)
The Zoning Board Engineer shall be a professional engineer and the
Zoning Board Planner shall be a professional planner. Both shall be
licensed to practice their professions by the State of New Jersey.
(6)
The Zoning Board Engineer and Planner shall act as engineering and
planning advisors to the Board, and they or their delegates shall
attend all hearings of the Zoning Board unless excused by the Chair;
shall attend any meetings of the Board at which their presence is
requested; shall review and render opinions concerning the engineering
and planning sufficiency of any provision, code, ordinance, rule or
regulation or amendments thereto relating to land use development
and regulation presently in force or proposed for adoption by any
official, department, bureau, board, commission or agency of the City;
and shall be available, on reasonable request, for consultation with
the Board of Adjustment concerning matters properly subject to its
jurisdiction and authority. The Zoning Board Engineer and Planner,
or their delegates, shall also provide advice and aid to the Zoning
Officer in the enforcement of this chapter.
(7)
The Zoning Board Engineer shall also perform such duties as may be
required in accordance with N.J.S.A. 40:55D-1 et seq.
(8)
Staff. The Zoning Board shall select a Secretary who may or may not
be a member or alternate member of the Zoning Board or a municipal
employee, and create and fill such other offices as established by
this chapter.
(9)
Other. The Zoning Board may also employ or contract for such experts,
consultants and other staff and services as it may deem necessary
and fix the compensation thereof at such amount as the Board may deem
reasonable.
L.
Quorum; voting.
(1)
No action shall be taken at any Board of Adjustment meeting or hearing without a quorum, consisting of four members, being present. Except as otherwise required in § 300-37D(2), the concurring votes of a majority of the members voting, but not fewer than three votes, shall be necessary to any action by the Board of Adjustment.
(2)
A member absent from any portion of a meeting or hearing, or, where
a meeting or hearing is carried over to two or more sessions, from
one or more of the sessions, shall be eligible to vote upon the matter
heard, notwithstanding such absence, provided that such Board member
shall first certify on the record that he/she has read a transcript
or listened to a recording of the session or sessions or part thereof
from which he/she was absent.
M.
Meetings; hearings; procedures.
(1)
The Board of Adjustment shall fix the time and place for holding
its regular meetings, provided that a meeting shall be scheduled not
less than once each month and shall be held as scheduled unless canceled
for lack of applications for development to process or other business
to conduct. The Board of Adjustment may provide for special meetings
at the call of the Chair or at the request of any two of its members,
which shall be held after notice to its members and the public in
accordance with the provisions of the Open Public Meetings Act (P.L.
1975, c. 231)[1] and the rules of the Board of Adjustment. All regular
meetings and all special meetings of the Board of Adjustment Board
shall be open to the public; provided, however, that in accordance
with N.J.S.A. 40:55D-9, the Board may meet in executive session for
the purpose of discussing and studying any matters to come before
it, and these sessions shall not be deemed a regular or special meeting.
[1]
Editor's Note: See N.J.S.A. 10:4-6 et seq.
(2)
All testimony at any meeting of the Board of Adjustment shall be
given under oath.
(3)
All hearings of the Board of Adjustment shall be set, noticed and conducted in accordance with the provisions of § 300-29.
(4)
The Board of Adjustment shall adopt its own rules for the conduct of its business, meetings and hearings not inconsistent with this chapter and the statutes of the State of New Jersey. Such rules shall be filed with the Board Secretary, and copies thereof shall be available to any person upon request and the payment of a fee in accordance with § 300-9. Any rule so adopted which relates solely to the conduct of the Board's meetings or hearings and which is not mandated by this chapter or the statutes of the State of New Jersey may be waived by the Board upon good cause being shown.
N.
Minutes; transcripts; records; decisions.
(1)
Minutes of every regular or special meeting and of every hearing
shall be kept and shall include the names of the persons appearing
and addressing the Board of Adjustment and of the persons appearing
by attorney, the action taken by the Board of Adjustment, the findings,
if any, made by it and reasons therefor.
(2)
A verbatim recording of the proceedings of every hearing, by either
stenographic, mechanical or electronic means, shall be kept.
(3)
All minutes, verbatim recordings, applications, requests, exhibits and papers filed in any proceeding before the Board of Adjustment, and the decision and report or reports of the Board, shall constitute the record of any matter brought before the Board. The records of the Board's activity shall be made available for public inspection during normal business hours at the office of the Board Secretary. Any interested party shall have the right to compel production of such records for use and evidence in any legal proceedings concerning the subject matter of such records. Such interested party shall be charged a fee for reproduction of such records in accordance with § 300-9.
(4)
Every decision of the Board of Adjustment shall be by written resolution,
which shall include findings of fact, shall refer to the evidence
in the record and to the exhibits, plans or specifications upon which
such decision is based, shall specify the reason or reasons for such
decision and shall contain a conclusion or statement separate from
the findings of fact which shall set forth the specific relief granted,
whether relief is granted subject to expressly stated modifications
or is denied. Every resolution shall expressly set forth any limitations
or conditions imposed on any approval granted or any development,
work or use authorized.
(5)
In reaching its decision on any such application, the Board of Adjustment
may rely on the personal knowledge of its members, on its inspections
of the property and on any reports available to it; provided, however,
that reliance on such matter shall not be allowed unless the Board
shall have made the particular knowledge, inspection or report a matter
of record at the public hearing and afforded every party reasonable
time to respond to it.
(6)
The Board of Adjustment shall take no final or binding vote on any
decision pertaining to any application unless it shall first have
before it the written resolution herein required; provided, however,
that where special circumstances so warrant, the Board of Adjustment
may take final action on any such application prior to the preparation
of such resolution, but in such event it shall, before taking such
action, first state its findings and conclusions as above required
at a meeting open to the public and shall, in addition, state the
special circumstances warranting such action.
(7)
In any case where this chapter, or where N.J.S.A. 40:55D-1 et seq.,
provides that the failure of the Board of Adjustment to act within
a fixed period shall be deemed a grant or denial of or a recommendation
upon an application, such failure shall, notwithstanding the absence
of required findings and conclusions, be considered to be a decision
or recommendation of the Board rendered on the day following the expiration
of such fixed period.
(8)
Within 10 days following any decision on such application, the Zoning Board Secretary shall mail notice thereof to each person entitled to notice pursuant to § 300-29. A brief notice of the decision of the Board shall be placed in a newspaper having general circulation.
(9)
As to other matters brought before the Board of Adjustment, the Board
shall prepare such reports and make such communications as it shall
deem appropriate to the subject matter.
O.
Powers and duties. The Board of Adjustment shall be empowered to
exercise all duties and responsibilities conferred to it by N.J.S.A.
40:55D-70 and this chapter, specifically:
(1)
In accordance with N.J.S.A. 40:55D-70a, hear and decide appeals from
any action taken by an Administrative Officer pursuant to the terms
of this chapter where it is alleged that there is error in any order,
requirement, decision or refusal of such Officer based on or made
in the enforcement of this chapter. In exercising such power, the
Board of Adjustment shall have the power to reverse, affirm or modify,
in whole or in part, the order, requirement, decision or determination
subject of such appeal and, to such end, shall have all the powers
of such Administrative Officer with respect to the subject matter
of such appeal.
(2)
Hear and decide requests for interpretations of the Zoning Map or
the provisions of this chapter in accordance with N.J.S.A. 40:55D-70b.
(3)
Hear and decide requests for interpretations of special questions
upon which the Board is authorized to pass by this chapter in accordance
with N.J.S.A. 40:55D-70b.
(4)
Review and approve or disapprove requests for variances from the
requirements of this chapter in accordance with N.J.S.A. 40:55D-70c.
(5)
Review and approve or disapprove requests for variances from the
requirements of this chapter in accordance with N.J.S.A. 40:55D-70d(1),
(2), (4), (5) and (6).
(7)
Direct or order the issuance of a permit 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 in accordance with
N.J.S.A. 40:55D-34.
(8)
Direct or order the issuance of a permit for a building or structure
not related to a street in accordance with N.J.S.A. 40:55D-36.
(9)
Appoint legal counsel, professional experts and other staff.
(10)
Assemble data on a continuing basis as a part of a continuous
planning process, including the Annual Report required under N.J.S.A.
40:55D-70.1.
(11)
Subject to the right of the applicant to receive a decision
within the time periods specified by this chapter, make referrals
in addition to those expressly required by this chapter to persons
or agencies for their recommendations.
(12)
Aid and assist City Council and the departments and agencies
of the City in implementing general plans and in planning, developing
and completing specific projects.
(13)
Review and report on any matter referred to it by City Council
or the Planning Board.
(14)
Perform such other advisory duties as are assigned to it by
ordinance or resolution of City Council for the aid and assistance
of City Council or other agencies or officers.
(15)
Upon reasonable, written request, make its special knowledge
and expertise available to any official, department, bureau, board,
commission or agency of the City, county, state or federal governments
to aid them in the performance of their respective duties relating
to the planning and development of the City and its region, and to
participate in the preparation and review of programs or plans required
by state or federal law or regulation.
(16)
In furtherance of the above jurisdiction and authority, to make
such investigations, maps and reports and recommendations in connection
therewith relating to the planning and development of the City of
Pleasantville as may be necessary, appropriate and desirable; provided,
however, that the expenditures of the Board shall not exceed the amounts
appropriated therefor.
(17)
Issue subpoenas, administer oaths and take testimony in the
exercise of its duties (wherein the provisions of N.J.S.A. 2A:67A-1
et seq., shall govern).
P.
Appeals. Any interested person may appeal any final decision of the
Board of Adjustment to the court of proper jurisdiction, to the Board
of Public Utility Commissioners in the cases specified in and pursuant
to N.J.S.A. 40:55D-19, and, to the extent and in the manner authorized
by New Jersey law, to any court of competent jurisdiction.
A.
Zoning officer.
(1)
There is herewith established, pursuant to N.J.S.A. 40:55D-18, a
Zoning Office for the City of Pleasantville, which Office shall be
the Administrative Office charged with the day-to-day administration
of this chapter.
(2)
There is herewith established within the Zoning Office, pursuant
to N.J.S.A. 40:55D-3 and 40:55D-18, a Zoning Officer for the City
of Pleasantville, who shall be the Administrative Officer charged
with the day-to-day administration of this chapter.
(3)
The Zoning Officer shall be an employee of the City. While the Zoning
Officer may hold more than one title or position within the City,
such individual shall hold no elective office therein. The Zoning
Officer shall be compensated in the amount of funds appropriated for
such purpose by the City Council.
(4)
Power and duties. The Zoning Officer shall be empowered to exercise
all duties and responsibilities conferred to it by N.J.S.A. 40:55D-1
et seq., including, but not limited to:
(a)
The administration and enforcement of this chapter, and in exercising
such duties, shall have all the powers necessary to such administration
and enforcement.
(b)
The supervision and management of the affairs and activities
of the Zoning Office and its employees, and may employ such technical
assistants, clerks, secretaries and such other persons as shall be
authorized by action of the City Council, and shall pay for their
services and any other necessary and proper expenses, but only out
of such appropriations as may from time to time be made by the City
Council for such purposes.
(c)
Consistent with the express standards, purposes and intent of
this chapter, promulgate, adopt, issue and enforce such procedural
rules, regulations and forms as are, in his/her opinion, necessary
to the effective administration and enforcement of the provisions
of this chapter.
(d)
Should the Planning Board or Zoning Board of Adjustment, within nine months following the adoption of this chapter, fail to adopt rules and regulations to govern the conduct of business as required by § 300-11M(3) and § 300-12M(4), respectively, the Zoning Officer shall, within one year following the adoption of this chapter, promulgate and issue such rules. Unless the respective Board shall, within 30 days following such issuance, object by formal motion to such rules and adopt rules for itself as herein required, such rules so issued shall be deemed for all purposes to be the rules required by this chapter to be adopted by the respective Board and shall, after issuance, govern the conduct of the business of the respective Boards. Rules so issued may be amended or modified by the respective Board in the same manner as if adopted by such Board. All rules, regulations and forms issued by the Zoning Officer shall be kept on file in the Zoning Office, shall be filed with the City Clerk and shall be public records of the City, open to inspection by interested parties at reasonable times and upon reasonable notice. Copies thereof shall be available for sale in the Zoning Office at a fee in accordance with § 300-9.
(e)
Provide a written or verbal report to City Council when directed,
but in no case less often than quarterly, summarizing for the period
since the last such report all building permits and certificates of
occupancy issued by him, all identifiable complaints of violations
filed with the Zoning Office, and actions taken consequent thereto.
B.
Staff Secretaries to the Planning Board and Zoning Board of Adjustment.
(1)
There is herewith established within the Zoning Office, pursuant
to N.J.S.A. 40:55D-24 and 40:55D-69, Staff Secretaries for the Planning
Board and the Zoning Board of Adjustment, who shall be the Administrative
Staff Officers charged with the management of the day-to-day functions
of the Planning Board and Zoning Board of Adjustment. While such position(s)
shall ultimately be responsible to the Board to which he/she is appointed,
the daily activities of such position(s) shall be supervised by the
Zoning Officer.
(2)
Such Secretaries shall be employees of the City. While they may hold
more than one title or position within the City, such individuals
shall hold no elective office therein. Nothing herein shall preclude
the Planning Board Secretary from serving as the Secretary to the
Zoning Board of Adjustment or the Zoning Board Secretary from serving
as Secretary to the Planning Board. The Staff Secretaries shall be
compensated in the amount of funds appropriated for such purpose by
the City Council.
(3)
Power and duties. The Staff Secretaries shall be empowered to exercise
all duties and responsibilities conferred by N.J.S.A. 40:55D-24 and
40:55D-69, including, but not limited to:
(a)
Provide the agendas for and attend the meetings and hearings
of each respective Board;
(b)
Inform each respective Board of all facts and information at
his/her disposal with respect to any matter brought before such Board;
(c)
Keep minutes of every meeting, including the names of persons
appearing and addressing the respective Board and of the persons appearing
by attorney, the action taken by the Board, the findings, if any,
made by it and reasons therefor;
(d)
Keep verbatim recordings of the proceedings of every hearing,
by either stenographic, mechanical or electronic means;
(e)
Give notice, 30 days prior to the expiration of the term of
any member of either such Board, of the date on which the term of
such member will expire to such member, to the City Council and to
the Mayor; and
(f)
Perform such other duties as may be assigned by the Zoning Officer,
this chapter and by the rules of such respective Boards.
C.
Records. The Planning Board or Zoning Board Secretary, as the case
may be, shall maintain the following as public records of the City,
open to inspection by interested parties at reasonable times and upon
reasonable notice:
(1)
Permanent and current records of this chapter, including all maps;
amendments; conditional use, subdivision plat and site plan approvals
and denials; interpretations; and decisions rendered by the Zoning
Office, the Planning Board, the Board of Adjustment and the City Council,
together with relevant background files and materials.
(2)
Duplicate copies of all zoning permits, numbered consecutively and
showing the fee charged therefor, issued or denied pursuant to this
chapter, together with such portions of the applications therefor
as the Zoning Officer may consider necessary to the proper administration
of this chapter.
(3)
A current file of all certificates, permits or authorizations issued
pursuant to this chapter and all notices of violation, discontinuance
or removal issued by or entrusted to the Zoning Office for such time
as necessary to ensure continuous compliance with the provisions of
this chapter.
(4)
A current file of all interpretations issued by the Board of Adjustment.
(5)
A current file of all identifiable complaints of violations of this
chapter and the actions taken as a consequence of such complaint.
(6)
Current maps locating all applications for amendment, site plan/subdivision
approvals, variances and appeals and indicating the disposition thereof.
(7)
Permanent and current records of all Planning Board and Board of
Adjustment meetings, hearings and proceedings, minutes and transcripts
taken therein and any correspondence of such Boards.
D.
Applications: receipt; processing; referral to interested parties
and agencies.
(1)
The Zoning Officer shall receive all applications required to be
filed pursuant to this chapter and such other applications as the
ordinances of the City may from time to time require to be filed in
such office. Such applications include, but are not necessarily limited
to, applications for:
(a)
Zoning permit.
(b)
Demolition permit.
(c)
Mercantile license.
(d)
Appeal or interpretation in accordance with N.J.S.A. 40:55D-70a
or b.
(e)
Construction or building permit.
(f)
Certificate of occupancy.
(g)
Site plan or subdivision approval.
(h)
Variance relief in accordance with N.J.S.A. 40:55D-25 and 40:55D-70c
or d.
(2)
Upon receipt of any such application, the Zoning Officer shall review
it for completeness, and if any deficiencies are found, shall give
notice of such deficiencies to the applicant, in writing, within 45
days following the original filing of such application. In reviewing
an application for completeness, the Zoning Officer may request the
assistance of the City Engineer, City Planner or other such professional
as may be necessary and appropriate. Any costs incurred by the Zoning
Officer for any such assistance shall be paid from the escrow fee
required of each such application.
(3)
After determination that an application is complete, the Planning
Board or Zoning Board Secretary, as the case may be, shall see to
its expeditious processing, including actions to be taken by the Zoning
Officer if it is within his/her power to do so, or its prompt referral
to and retrieval from each official, department, bureau, board, commission
or agency of the City or other government with any interest in or
duty with respect to such application. To facilitate such referrals/retrieval,
the Planning Board or Zoning Board Secretary, as the case may be,
shall prepare, maintain and continually keep current a list or lists
of all officials, departments, bureaus, boards, commissions and agencies
which have, in writing, requested an opportunity to review or comment
on various specified applications and proposals for various specified
reasons and pursuant to various specified duties and authorities.
(4)
Notice of hearing. The Planning Board or Zoning Board Secretary,
as the case may be, shall give or cause to be given notice of hearings
and meetings on applications pursuant to law and this chapter.
(5)
Investigation. Whenever the Planning Board or the Board of Adjustment
shall so request, by general rule or specific direction, the Zoning
Officer shall conduct or cause to be conducted such surveys, investigations,
field studies, the taking of photographs, and/or the making of charts
and/or exhibits as shall be necessary or convenient to the processing
of any application filed with the City.
(6)
Plan review and zoning permits. Pursuant to § 300-34, the Zoning Officer shall review all applications for zoning permits and approve or disapprove such applications and issue or refuse to issue such permits based on compliance or noncompliance with the provisions of this chapter.
(7)
Acceptance of guaranties. The Planning Board or Zoning Board Secretary,
as the case may be, or his/her designee shall accept performance and
maintenance guaranties required to be paid pursuant to this chapter.
(8)
Notices. Pursuant to the provisions of § 300-11N(8) and § 300-12N(8), the Planning Board or Zoning Board Secretary, as the case may be, shall give or cause to be given notices of actions taken pursuant to this chapter.
E.
Inspection and enforcement.
(1)
In furtherance of the enforcement of this chapter, the Zoning Officer
shall undertake such regular and continuing programs of inspection
of work approved and underway and of existing structures and uses
as may be feasible and proper within the limits of staff and funds;
shall undertake such inspections as may be necessary to the performance
of the duties hereunder; and shall receive from any person complaints
alleging, with particularity, a violation of this chapter and, when
appropriate, shall cause such investigations and inspections as may
be warranted by such complaints to be made. Upon finding the existence
of any violation of this chapter, the Zoning Officer shall proceed
as provided for in this chapter.
(2)
The Zoning Officer shall cooperate with the City's Construction Code
Official, Fire Inspector, Housing Inspector or other relevant personnel
to coordinate enforcement and inspection activities under this chapter
with those conducted pursuant to the authority vested in such personnel
so as to achieve the greatest efficiency and avoid unnecessary duplication
of efforts.
(3)
Nothing in this subsection shall be interpreted to prevent any person
entitled to relief in law or equity by reason of a violation of the
provisions of this chapter from bringing an appropriate action to
secure such relief.
F.
Reports concerning valuation, assessment and taxation of land.
(1)
The Zoning Officer shall promptly inform the Atlantic County Tax
Assessor of those parcels of land designated as an agricultural or
horticultural use pursuant to the provisions of the Farmland Assessment
Act of 1964 (N.J.S.A. 54:4-23.1 et seq.) which receive preliminary
subdivision/site plan approval pursuant to the provisions of this
chapter.
(2)
The Zoning Officer shall cooperate with the Tax Assessor to establish
a system to provide the City Tax Assessor with current information
concerning any action taken pursuant to this chapter which might affect
the valuation, assessment or taxation of any parcel of real estate
in the City.
In addition to the jurisdiction, authority and duties conferred
upon them by other provisions of the codes and ordinances of the City
of Pleasantville, every official, department, bureau and agency of
the City shall have the following jurisdiction, authority and duties
with relation to the administration and enforcement of this chapter:
A.
Each official, department, bureau and agency shall have such duties
and responsibilities with respect to land use and development regulations
in the City as shall be conferred upon it by the various provisions
of the codes, ordinances and regulations applicable to such official,
department, bureau or agency. Where such duties and responsibilities
require such official, department, bureau or agency to review plans
or proposals for land use or development, such official, department,
bureau or agency shall inform the Zoning Officer, in writing, of such
requirement; of the particular provision of the code, ordinance or
regulation which creates such requirement; of the particular type
or category of plans or proposals which must be reviewed; of the stage
in the planning, zoning and development process where such review
would be most effective; and of the estimated time that would be required
for such review in the normal case.
B.
Issuance of permits. No official, department, bureau or agency of
the City shall issue any permit, license or approval in violation
of the terms of this chapter or which could result in work or the
use of buildings, structures or land in violation of the provisions
of this chapter. Every official, department, bureau or agency of the
City issuing permits, licenses or approvals, the use of which may
result in a violation of the provisions of this chapter, shall refer
the application therefor to the Zoning Officer for a report on conformance
with said provisions. The Zoning Officer shall promptly return such
application with a report thereon, and if the report indicates that
the use of such permit, license or approval will result in a violation
of the provisions of this chapter, the license, permit or approval
shall not be issued.
C.
Cooperation and technical assistance. Upon reasonable request, each
official, department, bureau and agency of the City shall cooperate
fully with and offer technical aid, advice and expertise to the Planning
Board, Board of Adjustment and the Zoning Officer to the end that
the goals, policies and standards of the Master Plan and this chapter
may be expeditiously and effectively achieved.
[Added 3-20-2023 by Ord. No. 3-2023]
B.
Powers and duties. The Cannabis Business Site Plan Waiver Committee may recommend to the Zoning Officer to waive formal site plan review procedures, as otherwise required by § 300-36 of the Land Management code, for any cannabis business as defined in this Code and licensed in accordance with § 116-4 of the City Code, provided that the following conditions are satisfied:
(1)
All conditional use requirements for the applicable cannabis business found in § 300-25F entitled Cannabis Business Overlay Zone are satisfied.
(2)
The proposed cannabis business will be moving into an existing building
on an existing site that had previously received site plan approval
from the Planning Board or Zoning Board of Adjustment, and the application
does not involve any substantial new construction such as changes
to the existing building footprint, site circulation, or parking configuration.
(3)
The existing off-street parking of the subject location is sufficient
to satisfy any off-street parking and loading requirements for the
proposed cannabis business.
C.
Cannabis businesses recommended for waiver of site plan review by the Cannabis Business Site Plan Waiver Committee shall be subject to administrative review by the Zoning Official in accordance with § 300-26B(5) of the City Code.
