[Ord. No. 751 § 25-1; Ord. No. 918 § 1]
The Borough of Peapack and Gladstone Land Use Board, created
pursuant to N.J.S.A. 40:55D-25(c), shall consist of nine (9) members
and four (4) alternate members, consisting of four (4) classes as
follows:
Class I: The Mayor.
Class II: One (1) of the officials of the Borough other than
a member of Council to be appointed by the Mayor; provided that if
there is a member of the Regional Board of Education among the Class
IV members, the member of the Environmental Commission who is also
a member of the Land Use Board as required by N.J.S.A. 40:56A-1, shall
be deemed to be the Class II Land Use Board member.
Class III: A member of the Borough Council to be appointed by
the Borough Council.
Class IV: Six (6) other citizens of the Borough to be appointed
by the Mayor.
Alternate Members: The Mayor shall appoint not more than four
(4) alternate members pursuant to and in conformance with N.J.S.A.
40:55D-23.1.
The Class I and Class III members of the Land Use Board shall
not participate in or remain present during the consideration of any
applications made to the Board pursuant to N.J.S.A. 40:55D-70(d).
The members of Class IV shall hold no other Borough office except
that one (1) such member may be a member of the Regional Board of
Education. A member of the Environmental Commission who is also a
member of the Land Use Board as required by N.J.S.A. 40:56A-1 shall
be a Class IV Board member, unless there be, among the Class IV members
of the Land Use Board, a member of the Regional Board of Education,
in which case the member of the Environmental Commission shall be
deemed to be the Class II member of the Land Use Board.
[Ord. No. 751 § 25-2]
The term of the member composing Class I shall correspond with
his or her official tenure. The terms of the members composing Class
II and Class III shall be for one (1) year or terminate at the completion
of their respective terms of office, whichever comes first. The term
of a Class II or Class IV member who is also a member of the Environmental
Commission shall be for three (3) years or terminate at the completion
of his or her term of office as a member of the Environmental Commission,
whichever comes first. The term of a Class IV member who is also a
member of the Regional Board of Education shall terminate at the completion
of his or her term of office.
The terms of all Class IV members first appointed pursuant to
this chapter shall be so determined that to the greatest practicable
extent the expiration of such terms shall be distributed evenly over
the first four (4) years after their appointment as determined by
resolution of the Mayor and Borough Council, provided no term of any
member shall exceed four (4) years. Thereafter, all Class IV members
shall be appointed for terms of four (4) years, except as otherwise
hereinabove provided. All terms shall run from January 1 of the year
in which the appointment is made.
[Ord. No. 751 § 25-3]
If a vacancy of any Class shall occur otherwise than by expiration
of term, it shall be filled by appointment, as provided above for
the unexpired term.
[Ord. No. 751 § 25-4]
The Land Use 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 Land Use Board or a Borough employee designated by
it.
[Ord. No. 751 § 25-5]
There is hereby created the office of the Land Use Board Attorney.
The Land Use Board may annually appoint, fix the compensation of or
agree upon the rate of compensation of the Land Use Board Attorney,
who shall be an attorney other than the Borough Attorney and shall
be appointed annually.
[Ord. No. 751 § 25-6]
The Land Use 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 Mayor and Borough Council for its use.
[Ord. No. 751 § 25-7]
No member of the Land Use Board shall be permitted to act on
any matter in which there is any personal or financial interest, either
directly or indirectly. Any member other than a Class I member, after
a public hearing if requested, may be removed by the governing body
for cause.
[Ord. No. 751 § 25-8.1]
The Land Use Board shall follow the provisions of N.J.S.A. 40:55D-25.
It shall accordingly exercise its powers in regard to:
a.
The Master Plan pursuant to N.J.S.A. 40:55D-28;
b.
Subdivision control and site plan review pursuant to N.J.S.A. 40:55D-37
et seq.;
c.
The Official Map pursuant to N.J.S.A. 40:55D-32 et seq.;
d.
The Zoning Ordinance including conditional uses pursuant to N.J.S.A.
40:55D-67;
e.
The capital improvements program pursuant to N.J.S.A. 40:55D-29 et
seq.;
f.
Variances and certain building permits in conjunction with subdivision,
site plan and conditional use approval pursuant to N.J.S.A. 40:55D-60
et seq.
[Ord. No. 751 § 25-8.2]
a.
The Land Use Board may:
1.
Participate in the preparation and review of programs or plans required
by State or Federal law or regulation;
2.
Assemble data on a continuing basis as part of a continuous planning
process; and
3.
Perform such other advisory duties as are assigned to it by ordinance
or resolution of the Borough Council.
[Ord. No. 751 § 25-8.3]
In addition to the powers above, the Land Use Board shall exercise
to the same extent, and subject to the same restrictions, all powers
of a Zoning Board of Adjustment pursuant to N.J.S.A. 40:55D-70 and
76 as follows:
a.
Appeals. 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 Officer based on or made in the enforcement
of the Zoning Ordinance.
b.
Interpretations. Hear and decide requests for interpretation of the Zoning Map or Ordinance or for decisions upon other special questions upon which such Board is authorized to pass by any Zoning or Official Map Ordinance in accordance with N.J.S.A. 40:55D-1 et seq.;
c.
Variances. Where:
1.
By reason of exceptional narrowness, shallowness or shape of a specific
piece of property, or by reason of exceptional topographic conditions
or physical features uniquely affecting a specific piece of property,
or by reason of an extraordinary and exceptional situation uniquely
affecting a specific piece of property or the structures lawfully
existing thereon, the strict application of any zoning regulation
pursuant to N.J.S.A. 40:55D-62 et seq. 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
an appeal relating to such property, a variance from such strict application
of such regulation so as to relieve such difficulties or hardship;
or
2.
In an application or appeal relating to a specific piece of property
the purposes of zoning set forth in N.J.S.A. 40:55D-2 would be advanced
by a deviation from the Zoning Ordinance requirements and the benefits
of the deviation would substantially outweigh any detriment, grant
a variance to allow departure from regulations pursuant to N.J.S.A.
40:55D-62 et seq., provided, however, that no variance from those
departures enumerated in paragraph d of this subsection shall be granted
under this paragraph.
d.
Use Variances. In particular cases and for special reasons, grant
a variance to allow departure from regulations pursuant to N.J.S.A.
40:55D-62 et seq. to permit (1) a use or principal structure in a
district restricted against such use or principal structure, (2) an
expansion of a nonconforming use, (3) deviation from a specification
or standard pursuant to N.J.S.A. 40:55D-67 pertaining solely to a
conditional use, (4) an increase in the permitted floor area ratio
as defined in N.J.S.A. 40:55D-4, (5) an increase in the permitted
density as defined in N.J.S.A. 40:55D-4, except as applied to the
required lot area for a lot or lots for detached one (1) or two (2)
dwelling unit buildings which lot or lots are either an isolated undersized
lot or lots resulting from a minor subdivision or (6) a height of
a principal structure which exceeds by ten (10) feet or ten (10%)
percent the maximum height permitted in the district for a principal
structure. A variance under this paragraph shall be granted only by
affirmative vote of at least five (5) members; however, the Class
I and the Class III members shall not participate in the consideration
of applications for development which involves relief pursuant to
N.J.S.A. 40:55D-70(d).
e.
If an application for development requests one (1) or more variances
but not a variance for a purpose enumerated in paragraph d of this
subsection, the decision on the requested variance or variances shall
be rendered under paragraph c of this subsection.
f.
No variance or other relief may be granted under the terms of this
subsection unless such variance or other relief can be granted without
substantial detriment to the public good and will not substantially
impair the intent and the purpose of the Zone Plan and Zoning Ordinance.
g.
With respect to any airport safety zones delineated under the "Air
Safety and Zoning Act of 1983," P.L. 1983, c. 260 (C. 6:1-80 et seq.),
no variance or other relief may be granted under the terms of this
subsection permitting the creation or establishment of a use which
would be prohibited under the standards promulgated pursuant to that
act except upon issuance of a permit by the Commissioner of Transportation.
h.
The Land Use Board shall have such other powers, including the following:
1.
To 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 pursuant to N.J.S.A. 40:55D-32.
2.
To direct issuance of a permit pursuant to N.J.S.A. 40:55D-36 for
a building or structure not related to a street.
i.
An application under this subsection may be referred to any appropriate
person or agency for its report; provided that such reference shall
not extend the period of time within which the Land Use Board shall
act.
[Ord. No. 751 § 25-8.4]
a.
Prior to the adoption of a development regulation, revision or amendment
thereto, the Borough Council shall refer and the Land Use Board shall
make and transmit to the Borough Council, within thirty-five (35)
days after referral, a report including (i) identification of any
provisions in the proposed development regulation, revision or amendment
which are inconsistent with the Master Plan and (ii) recommendations
concerning these inconsistencies and any other matters as the Board
deems appropriate. The Borough Council, when considering the adoption
of a development regulation, revision or amendment thereto, shall
review the report of the Land Use Board and may disapprove or change
any recommendation by a vote of a majority of its full authorized
membership and shall record in its minutes the reasons for not following
such recommendations. Failure of the Land Use Board to transmit its
report within the thirty-five (35) day period provided herein shall
relieve the Borough Council from the requirements of this subsection
in regard to the proposed development regulation, revision or amendment
referred to the Land Use Board. Nothing in this section shall be construed
as diminishing the application of the provisions of N.J.S.A. 40:55D-32
to any official map or an amendment or revision thereto or of N.J.S.A.
40:55D-62 to any Zoning Ordinance or any amendment or revision thereto.
b.
The Borough Council may, by ordinance, provide for the reference
of any matter or class of matters to the Land Use Board before final
action thereon by a Borough body or Borough officer having final authority
thereon. Whenever the Land Use Board shall have made a recommendation
regarding a matter authorized by this act to another municipal body,
such recommendation may be rejected only by a majority of the full
authorized membership of such body.
[Ord. No. 751 § 25-8.5]
The Mayor may appoint one (1) or more persons as a Citizens
Advisory Committee to assist or collaborate with the Land Use Board
in its duties. Such person or persons shall serve at the pleasure
of the Mayor and shall have no power to vote or take other action
required of the Land Use Board.
[Ord. No. 751 § 25-8.6]
The Land Use Board, through its Administrative Secretary, shall
make available to the Environmental Commission an informational copy
of every application for development. Failure of the Land Use Board
to make such informational copy available to the Environmental Commission
shall not invalidate any hearing or proceeding.
[Ord. No. 751 § 25-8.7]
The Land Use Board shall, at least once a year, review its decisions
on applications and appeals for variances and prepare and adopt by
resolution a report of its findings on Zoning Ordinance provisions
which were the subject of variance requests and its recommendations
for Zoning Ordinance amendment or revision, if any. The Land Use Board
shall send copies of the report and resolution to the governing body.
[Ord. No. 751 § 25-8.8]
a.
Appeals to the Land Use Board may be taken by any interested party
affected by any decision of an official of Peapack and Gladstone based
on or made in the enforcement of the Zoning Ordinance or Official
Map. Such appeal shall be taken within twenty (20) days of the decision
by filing a notice of appeal with the official from whom the appeal
is taken, with three (3) copies of the notice given to the Administrative
Secretary of the Board. The notice shall specify the grounds for the
appeal. The official from whom the appeal is taken shall immediately
transmit to the Board all the papers constituting the record upon
which the action appealed from was taken.
b.
A developer may file an application for development with the Land
Use Board for action under any of its powers without prior application
to an administrative officer.
c.
The Board may reverse or affirm, wholly or in part, or may modify
the action, order, requirement, decision, interpretation or determination
appealed from and to that end have all powers of the municipal official
from whom the appeal is taken.
d.
An appeal to the Land Use Board shall stay all proceedings in furtherance
of the action in respect to which the decision appealed from was made
unless the municipal official from whose action the appeal is taken
certifies to the Board, after the notice of appeal shall have been
filed with him or her, that, by reason of facts stated in the certificate,
a stay would, in his or her opinion, cause imminent peril to life
or property. In such case, proceedings shall not be stayed other than
by an order of the Superior Court of New Jersey upon notice to the
municipal official from whom the appeal is taken and on due cause
shown.
[Ord. No. 751 § 25-8.9]
a.
The Board shall render a decision not later than one hundred twenty
(120) days after the date (1) the appeal is taken from the decision
of the municipal official or (2) of submission of a complete application
for development to the Land Use Board.
b.
Failure of the Board to render a decision within such one hundred
twenty (120) day period or within such further time as may be consented
to by the applicant shall constitute a decision favorable to the applicant.
c.
Inquiries as to whether a proposed land use is permissible under the Zoning Ordinance or Zoning Map shall be submitted in writing to the Land Use Board, which shall issue a written response within forty-five (45) days after the next meeting following receipt of the request or within such additional time as may be consented to by the inquirer.
[Ord. No. 751 § 25-8.10]
a.
Meetings of the Land Use Board shall be scheduled no less often than
once a month and shall be held as scheduled unless canceled for lack
of pending applications.
b.
Special meetings may be held at the call of the Chairman or at the
request of any two (2) Board members. The members of the Board and
the public shall be given notice of such meeting in accordance with
all applicable legal requirements.
c.
No action shall be taken at any meeting without a quorum being present,
said quorum to be a majority of the full authorized membership of
the Board.
d.
All actions shall be taken by majority vote of the members of the
Board present at the meeting except as otherwise required by a provision
of N.J.S.A. 40:55D-70. A member of the Board who was absent for one
(1) or more of the meetings at which a hearing was held shall be eligible
to vote on a matter upon which the hearing was conducted, notwithstanding
the absence from one (1) or more of the meetings; provided, however,
that a transcript or recording of all of the hearing from which he
or she was absent exists, and provided, further, that such Board member
certifies in writing to the Board that he or she has read such transcript
or listened to such recording.
[Ord. No. 751 § 25-8.11]
a.
Minutes of every regular or special meeting shall be kept and shall
include the names of the persons appearing and addressing the Land
Use Board and of the persons appearing by attorney, the action taken
by the Board, the findings, if any, made by it and reasons therefor.
The minutes shall thereafter be made available for public inspection
during normal business hours at the office of the Administrative Officer.
Any interested party shall have the right to compel production of
the minutes for use or evidence in any legal proceedings concerning
the subject matter of such minutes. Such interested party may be charged
a reasonable fee for reproduction of the minutes for his or her use.
b.
At least once a year, the Board shall review the minutes of all closed
meetings held in conformance with the Open Public Meetings Act to
determine whether the minutes may be made public.
[Ord. No. 751 § 25-8.12]
a.
The Land Use Board shall hold a hearing on each application for development
or on the adoption, revision or amendment of the Master Plan. The
Board shall make the rules governing such hearings.
b.
Any maps and documents for which approval is sought at a hearing
shall be on file and available for public inspection at least ten
(10) days before the date of the hearing during normal business hours
in the office of the Administrative Officer. The applicant may produce
other documents, records or testimony at the hearing to substantiate,
clarify or supplement the previously filed maps and documents.
c.
Payment of Taxes. Pursuant to the provisions of N.J.S.A. 40:55D-39
and 55D-65, every application for development submitted to the Land
Use Board shall be accompanied by proof that no taxes or assessments
for local improvements are due or delinquent on the property which
is the subject of such application, or, if it is shown that taxes
or assessments are delinquent on said property, any approvals or other
relief granted by the Board shall be conditioned upon either the prompt
payment of such taxes or assessments or the making of adequate provision
for the payment thereof in such manner that the Borough will be adequately
protected.
d.
The officer presiding at the hearings or such person as he or she
may designate shall have power to administer oaths and issue subpoenas
to compel the attendance of witnesses and the production of relevant
evidence, including witnesses and documents presented by the parties;
and the provisions of the County and Municipality Investigations Law,
P.L. 1953, c. 38 (N.J.S.A. 2A:67A-l et seq.), shall apply.
e.
The testimony of all witnesses relating to an application for development
shall be taken under oath or affirmation by the presiding officer
or attorney for the Board, and the right of cross-examination shall
be permitted to all interested parties through their attorneys, if
represented, or directly, if not represented, subject to the discretion
of the presiding officer and to reasonable limitations as to time
and number of witnesses.
f.
Technical rules of evidence shall not be applicable to the hearing,
but the Board may exclude irrelevant, immaterial, hearsay, or unduly
repetitious evidence.
g.
The Board shall provide for the verbatim recording of the proceedings
by either a stenographer or mechanical or electronic means. The Board
shall furnish a transcript, or duplicate recording in lieu thereof,
on request to any interested party at his or her expense.
h.
Decisions.
1.
The Board shall include findings of fact and conclusions based thereon
in each decision on any application for development and shall reduce
the decision to writing. The Board shall provide the findings and
conclusions through:
(a)
A resolution adopted at a meeting held within the time period
provided in the act for action by the Land Use Board on the application
for development; or
(b)
A memorializing resolution adopted at a meeting held not later
than forty-five (45) days after the date of the meeting at which the
Board voted to grant or deny approval. Only the members of the Board
who voted for the action taken may vote on the memorializing resolution,
and the vote of a majority of such members present at the meeting
at which the resolution is presented for adoption shall be sufficient
to adopt the resolution, provided, however, that at least two (2)
members of the Board be available for said vote. An action pursuant
to N.J.S.A. 40:55D-9 resulting from the failure of a motion to approve
an application, shall be memorialized by resolution as provided above,
with those members voting against the motion for approval being the
members eligible to vote on the memorializing resolution. The vote
of any such resolution shall be deemed to be a memorialization of
the action of the Board and not to be an action of the Board; however,
the date of the adoption of the resolution shall constitute the date
of the decision for purposes of the mailings, filings and publications
required by this section. If the Board fails to adopt a resolution
or memorializing resolution as hereinabove specified, any interested
party may apply to the Superior Court in a summary manner for an order
compelling the municipal board to reduce its findings and conclusions
to writing within a stated time and the cost of the application, including
attorney's fees, shall be assessed against the Borough.
2.
A copy of the decision shall be mailed by the Board within ten (10)
days of the date of decision to the applicant or if represented then
to his or her attorney, without separate charge, and to all who request
a copy of the decision for a reasonable fee. A copy of the decision
shall also be filed by the Board in the office of the Administrative
Officer. The Administrative Officer shall make a copy of such filed
decision available to any interested party for a reasonable fee and
available for public inspection at his or her office during reasonable
hours.
3.
A brief notice of the decision shall be published in the official
newspaper of the Borough.
[Ord. No. 751 § 25-8.13]
a.
Public notice of a hearing shall be given by the applicant for the
following applications for development:
1.
An application for preliminary approval of a major subdivision.
2.
An application which requires a variance, direction for issuance
of a permit or involves a conditional use.
3.
An application for preliminary approval of a site plan, provided
that for a minor site plan, the Land Use Board may waive the requirement
for public notice to all owners within two hundred (200) feet of the
property.
4.
Variances in the flood plain.
b.
The Administrative Secretary of the Land Use Board shall notify the
applicant at least two (2) weeks prior to the public hearing at which
the application will be discussed. Notice of a hearing requiring public
notice shall be given by the applicant at least ten (10) days prior
to the date of the hearing in the following manner:
1.
By publication in the official newspaper of the Borough.
2.
To all owners of real property as shown on the current tax duplicate,
located in the State and within two hundred (200) feet in all directions
of the property which is the subject of such hearing, provided that
this requirement shall be deemed satisfied by notice to the condominium
association, in the case of any unit owner whose unit has a unit above
or below it, or to the horizontal property regime, in the case of
any co-owner whose apartment has an apartment above or below it. Notice
shall be given by serving a copy thereof on the property owner as
shown on said current tax duplicate or his or her agent in charge
of the property or mailing a copy thereof by certified mail to the
property owner at his or her address as shown on said current tax
duplicate.
3.
Notice to a partnership owner may be made by service upon any partner.
Notice to a corporate owner may be made by service upon its president,
a vice president, secretary or other person authorized by appointment
or by law to accept service on behalf of the corporation. Notice to
a condominium association, horizontal property regime, community trust
or homeowners' association, because of its ownership of common elements
or areas located within two hundred (200) feet of the property which
is the subject of the hearing, may be made in the same manner as to
a corporation without further notice to unit owners, co-owners or
homeowners on account of such common elements or areas.
4.
To the Clerk of any adjoining municipality or municipalities when
the property involved is located within two hundred (200) feet of
said adjoining municipality or municipalities. Notice shall be given
by personal service or certified mail.
5.
To the Somerset County Planning Board when the application for development
involves property adjacent to an existing County road or proposed
road as shown on the County Official Map or the County Master Plan,
adjoining other county land or situated within two hundred (200) feet
of a Borough boundary. Notice shall be given by personal service or
certified mail.
6.
To the Commissioner of Transportation of the State of New Jersey
when the property abuts a State highway. Notice shall be given by
personal service or certified mail.
7.
To the State Planning Commission when the hearing involves an application
for the development of property which exceeds one hundred fifty (150)
acres or five hundred (500) dwelling units, in which case the notice
shall include a copy of any maps or documents required to be on file
with the Administrative Secretary. Notice shall be given by personal
service or certified mail.
8.
To a public utility, cable television company or local utility which
possesses a right-of-way or easement within the Borough and which
has registered with the Borough in accordance with N.J.S.A. 40:55D-12.1
by (1) serving a copy of the notice on the person whose name appears
on the registration form on behalf of the public utility, cable television
company or local utility or (2) mailing a copy thereof by certified
mail to the person whose name appears on the registration form at
the address shown on that form.
c.
Upon the written request of an applicant, the Borough Tax Assessor
shall, within seven (7) days, make and certify a list from current
tax duplicates of names and addresses of owners within the Borough
to whom the applicant is required to give notice. Failure to give
notice to any lot owner not on the list obtained in such manner shall
not invalidate any hearing or proceeding. A sum, not to exceed the
maximum set forth in N.J.S.A. 40:55D-12c, shall be charged for such
list.
d.
The applicant shall be responsible for giving proper notice to all
property owners.
e.
The notice shall state the date, time and place of the hearing and
the nature of the matters to be discussed, including an identification
of the property proposed for development by street address, if any,
or by reference to lot and block numbers as shown on the current tax
duplicate in the Borough Tax Assessor's office; and the location and
times at which any maps or documents for which approval is sought
are available for inspection.
[Ord. No. 751 § 25-8.14]
a.
In the event that an applicant submits an application proposing a
development that is barred or prevented, directly or indirectly by
a legal action instituted by any State agency, political subdivision
or other party to protect the public health and welfare or by a directive
or order issued by any State agency, political subdivision or court
of competent jurisdiction to protect the public health and welfare,
the Land Use Board shall process such application in accordance with
this chapter, and if such application complies with all Borough regulations,
the Land Use Board shall approve such application conditioned on removal
of such legal barrier to development.
b.
In the event that, during the period of approval heretofore or hereafter
granted to an application, the developer is barred or prevented, directly
or indirectly, from proceeding with the development otherwise permitted
under such approval by a legal action instituted by any State agency,
political subdivision or court of competent jurisdiction to protect
the public health or welfare and the developer is otherwise ready,
willing and able to proceed with said development, the running of
the period of approval under this section shall be suspended for the
period of time said legal action is pending or such directive or order
is in effect.
c.
In the event that development proposed by an application requires
an approval by a governmental agency other than the Land Use Board,
the Board shall, in appropriate instances, condition its approval
upon the subsequent approval of such governmental agency. The Board
shall make a decision on any application within the time period provided
in this chapter or within an extension of such period as has been
agreed to by the applicant, unless the Board is prevented or relieved
from so acting by the operation of law.
d.
Where appropriate, the Land Use Board may conditionally approve an
application.
[Ord. No. 751 § 25-8.15]
The Board and an applicant may mutually agree to extend the
time limit specified for action. Such extension shall be made in writing
or verbally at a public meeting of the Board for a specific period
of time and indicated in the minutes of the meeting.
[Ord. No. 751 § 25-8.16]
Any variance from the terms of this chapter hereafter granted
by the Land Use 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 three (3) years 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 in any manner of such appeal or proceeding.
[Ord. No. 751 § 25-8.17]
a.
If a public utility, as defined in R.S. 48:2-12, is aggrieved by
the action of the Board through said agency's exercise of its powers
under this act, with respect to any action in which the public utility
has an interest, an appeal to the Board of Public Utility Commissioners
of the State of New Jersey may be taken within thirty-five (35) days
after such action without appeal to the municipal governing body pursuant
to Section 8 (C. 40:55D-17) of this act unless such public utility
so chooses. In such case appeal to the Public Utility Commissioners
may be taken within thirty-five (35) days after action by the governing
body. A hearing on the appeal of a public utility to the Public Utility
Commissioners shall be had on notice to the agency from which the
appeal is taken and to all parties primarily concerned, all of whom
shall be afforded an opportunity to be heard. If, after such hearing,
the Board of Public Utility Commissioners shall find that the present
or proposed use by the public utility of the land described in the
petition is necessary for the service, convenience or welfare of the
public, the public utility may proceed in accordance with such decision
of the Board of Public Utility Commissioners, any ordinance or regulation
made under the authority of this act notwithstanding.
b.
This act or any ordinance or regulation made under authority thereof,
shall not apply to a development proposed by a public utility for
installation in more than one municipality for the furnishing of service,
if upon a petition of the public utility, the Board of Public Utility
Commissioners shall after hearing, of which any municipalities affected
shall have notice, decide the proposed installation of the development
in question is reasonably necessary for the service, convenience or
welfare of the public.
c.
Nothing in this act shall be construed to restrict the right of any
interested party to obtain a review of the action of the Land Use
Board or of the Board of Public Utility Commissioners by any court
of competent jurisdiction according to law.
[Ord. No. 751 § 25-9]
a.
Any interested party desiring to appeal a final decision of the Land
Use Board approving a use variance may appeal to the Borough Council.
b.
Such appeal shall be made within ten (10) days of the date of publication
of such final decision. The appeal to the Borough Council shall be
made by serving the Borough Clerk in person or by certified mail with
a notice of appeal specifying the grounds thereof and the name and
address of the appellant and the name and address of his or her attorney,
if represented.
c.
The appellant shall either within five (5) days of serving notice
of the appeal, arrange for a transcript for use by the Borough Council
and pay a deposit of two hundred ($200.00) dollars per meeting or
the estimated cost of such transcription, whichever is less, provided
that the charge by the Borough to the applicant for the transcript
shall not exceed the maximum permitted in N.J.S.A. 2A:11-15; or within
thirty-five (35) days of serving notice of the appeal, submit a transcript
to the Borough Clerk for use by the Borough Council. Should the appellant
neither arrange for nor submit a transcript as provided hereinabove,
the Borough Council may dismiss the appeal for failure to prosecute.
All transcripts shall be certified in writing by the transcriber to
be accurate.
d.
Notice of the meeting to review the record below shall be given by
the Borough Council by personal service or certified mail to the appellant,
to those entitled to notice of a decision and to the Land Use Board,
at least ten (10) days prior to the date of the meeting. The appeal
shall be decided by the Borough Council only upon the record established
before the Land Use Board. The parties may submit written arguments
on the record at least ten (10) days prior to the Borough Council
meeting and may submit oral arguments at such meeting. The Borough
Council shall provide for verbatim recording and transcript of such
meeting.
e.
The Borough Council shall conclude a review of the record below not
later than ninety-five (95) days from the publication of the notice
of the subject decision of the Land Use Board, unless the developer's
appellant consents, in writing, to an extension of such period. Failure
of the Borough Council to hold a hearing and conclude a review of
the record below and to render a decision within such specified period
without such written consent of the appellant shall constitute a decision
affirming the action of the Land Use Board.
f.
The Borough Council, by the affirmative vote of a majority of its
full authorized membership, may reverse, remand or affirm, wholly
or in part, or may modify the final decision of the Land Use Board.
g.
An appeal to the Borough Council shall stay all proceedings in furtherance
of the action in respect to which the decision appealed from was made,
unless the Land Use Board certifies to the Borough Council, after
the notice of appeal shall have been filed with the Board, that, by
reason of facts stated in the certificate, a stay would, in its opinion,
cause imminent peril to life or property. In such case, proceedings
shall not be stayed other than by an order of the Superior Court on
application upon notice to the Board from whom the appeal is taken
and on good cause shown.
[Ord. No. 751 § 25-10]
a.
Creation of Office; Appointments. The office of the Zoning Officer
of the Borough of Peapack and Gladstone is hereby continued. Appointments
to the office of the Zoning Officer shall be made by the Mayor, subject
to confirmation by the Borough Council. The term of office shall be
one (1) year. A vacancy in the office shall be filled by the Mayor
subject to confirmation by the Borough Council for the unexpired term
only.
b.
Duties.
1.
It shall be the duty of the Zoning Officer to enforce this chapter
and, pursuant to that duty, to:
(a)
Discover and ascertain the existence of any violations of this
chapter.
(b)
Investigate and inspect any alleged violation of this chapter
within his or her knowledge or coming to his or her attention.
(c)
Prevent further or continued violations of this chapter which
are known by him or her to exist, and by every lawful means cause
the violators to cease and desist from committing such further violations.
(d)
To prosecute violations of this chapter in the manner provided
by law.
(e)
To enforce all the terms and conditions of the actions of the
Land Use Board.
2.
Whenever any building or structure is erected, constructed, altered,
repaired, converted, used or maintained within the Borough, it shall
be the duty of the Zoning Officer to ascertain that the same is done
in accordance with the provisions of this chapter and not in violation
thereof; and whenever any building or structure is so erected, constructed,
altered, repaired, converted, used or maintained contrary to or any
land is used in violation of any provision of this chapter, it shall
be the duty of the Zoning Officer to proceed with the enforcement
of this chapter in the manner herein provided and as otherwise provided
by law, and he or she is hereby further authorized and empowered to
institute and maintain any further statutory legal actions and proceedings
for the enforcement hereof, now existing or heretofore or hereafter
provided, which may be available to him or her.
c.
Enforcement Procedure. Whenever the Zoning Officer shall ascertain
that any of the provisions of this chapter are being violated, he
or she shall:
1.
Promptly notify the person committing such violation to cease and
desist from continuing such violation. If such violation consists
of the construction or erection of an illegal building or structure,
he or she shall order the same demolished and the site cleared or
the building or structure removed. If such violation consists of an
illegal alteration or conversion of an existing building or structure,
he or she shall order each building or structure restored to a conforming
condition.
2.
Sign and file a complaint alleging the violation in the Municipal
Court of the Borough, in the manner prescribed by law and the rules
governing the practice in such Court. He or she shall also institute
further proceedings in the Superior Court when, in his or her opinion,
the same are warranted to enjoin said violation and to effect the
discontinuance thereof. Nothing herein shall prevent any person other
than the Zoning Officer from instituting a complaint for any violation
of this chapter in the manner prescribed by law.
d.
Search Warrants. In the enforcement of this chapter, the Zoning Officer
may apply to the Judge of the Municipal Court of the Borough for a
warrant or warrants to search and inspect the properties and premises
upon which he or she has reason to believe any violation of this chapter
has taken or is taking place and, upon probable cause shown, the Judge
may issue such a warrant or warrants in the manner authorized by law,
and the information obtained pursuant thereto shall be admissible
as evidence in any court of competent jurisdiction for the purposes
of proving any case brought for violation of this chapter.
e.
Administrative Duties. In addition to the duty of enforcement of
this chapter and prosecuting the violations thereof, the Zoning Officer
shall:
1.
Make an inspection of every parcel of land, building or structure
for which an occupancy or land use permit is requested prior to the
issuance of such permit, in order to ascertain that said occupancy
or use will comply with every standard, regulation and requirement
of this chapter for such occupation and use.
2.
After proper inspection and investigation, issue land use permits
and certificates of occupancy in appropriate instances and within
his or her jurisdiction.
3.
Report to the Land Use Board with respect to matters which are properly
before the Board and otherwise conduct investigations, report to and
be responsible to the Mayor and Borough Council with respect to matters
pertaining to the Zone Plan and this chapter and otherwise within
his or her jurisdiction.
4.
Start and maintain an accurate and complete file with respect to
every alleged violation of this chapter or other matter investigated
and processed by him or her.
5.
File a monthly report of his or her activities, including the complaints
and case processed by him or her and the disposition thereof, with
the Mayor and Borough Council.
