Editor's Note: Pursuant to Ord. No. 00-03, all references to the Planning Board shall refer to the Unified Planning/Zoning Board of Adjustment, which shall have jurisdiction to decide all matters properly before it which shall be filed on or after February 1, 2000.
[1971 Code § 20-1.1; Ord. No. 00-03; New]
There is hereby established pursuant to N.J.S.A. 40:55D-23 in the Borough of Matawan a Unified Planning Board/Zoning Board of Adjustment (referred to as the "Unified Planning Board") of nine members consisting of the following four classes:
Class I. The Mayor.
Class II. One of the officials of the Borough other than a member of the Borough Council to be appointed by the Mayor; provided that if there is an Environmental Commission, the member of the Environmental Commission who is also a member of the Unified Planning Board as required by N.J.S.A. 40:56A-1 shall be deemed to be the class II Unified Planning Board member.
Class III. A member of the Borough Council to be appointed by it.
Class IV. Six other citizens of the Borough to be appointed by the Mayor. The members of Class IV shall hold no other Borough office, except that one member may be a member of the Board of Education. A member of the Environmental Commission who is also a member of the Unified Planning Board as required by N.J.S.A. 40:56A-1 shall be a Class IV Unified Planning Board member.
History: Ordinance No. 95-42, adopted November 8, 1995, established a nine member Planning Board which exercised the powers of the Zoning Board of Adjustment. Subsequently Ordinance No. 99-21, adopted October 5, 1999, rescinded Ordinance No. 95-42 and reinstated a separate Zoning Board of Adjustment and revoked the powers of the Zoning Board from the Planning Board. Ordinance No. 99-22, adopted October 5, 1999, provided for the establishment, powers and duties of the Board of Adjustment. Thereafter, Ordinance No. 00-02, adopted February 1, 2000, rescinded Ordinance No. 99-21 and reinstituted a Unified Planning Board/Zoning Board of Adjustment and Ordinance No. 00-03 also re-established the Unified Planning Board/Zoning Board of Adjustment and repealed Ordinance No. 99-22.
[1971 Code § 20-1.1A; Ord. No. 95-45; Ord. No. 2016-02]
In addition to the regular members of the Unified Planning Board appointed pursuant to this section, there shall be appointed four alternate members appointed by the Mayor. They shall be designated Alternate Number One, Alternate Number Two, Alternate Number Three, and Alternate Number Four.
Alternate members shall serve in the absence or disqualification of the regular member of the Board.
Alternates: a term of two years beginning on January 1 of the year in which such alternate is appointed, however, the terms of the alternate members shall be such that the term of not more than two alternate members shall expire in any one year; provided that in no instance shall a term of alternate members first appointed exceed two years.
Vacancy. A vacancy which occurs otherwise than by expiration of term shall be filled by appointment as above provided for the unexpired term only.
No alternate member shall be permitted to act on any matter in which he or she has either directly or indirectly any personal or financial interest. An alternate member may be removed by the Governing Body for cause. Removal can be made only upon a hearing which shall be public if the alternate member so requests.
Alternate members may participate in discussions of the proceedings but may not vote except in the absence or disqualification of a regular member of any class. A vote shall not be delayed in order that a regular member may vote instead of an alternate member. In the event that a choice must be made as to which alternate member is to vote, "Alternate Number One" shall vote succeeded by Alternate Number Two, Alternate Number Three, and Alternate Number Four in order of precedence, if eligible to vote.
[1971 Code § 20-1.2]
The term of the member composing class I shall correspond with his official tenure. The terms of the members composing class II and class III shall be for one year or terminate at the completion of their respective terms of office whichever occurs first, except for a class II member who is also a member of the Environmental Commission. The term of a class II or a class IV member who is also a member of the Environmental Commission shall be for three years or terminate at the completion of his term of office as a member of the Environmental Commission whichever comes first.
The term of a class IV member who is also a member of the Board of Education shall terminate whenever he is no longer a member of such other body or at the completion of his class IV term, whichever occurs first.
The terms of all class IV members first appointed pursuant to this chapter shall be so determined that to the greatest practicable extent the expiration of such term shall be evenly distributed over the first four years after their appointments as determined by resolution of the Borough Council, provided however that no term of any member shall exceed four years and further provided that nothing herein shall affect the term of any present member of the Unified Planning Board, all of whom shall continue in office until the completion of the term for which they were appointed. Thereafter all class IV members shall be appointed for terms of four years except as otherwise herein provided. All terms shall run from January 1 of the year in which the appointment was made.
[1971 Code § 20-1.3]
If a vacancy of any class shall occur otherwise than by expiration of term, it shall be filled by appointment as above provided for the unexpired term.
[1971 Code § 20-1.4]
The Unified Planning Board shall elect a Chairman and Vice Chairman from the members of class IV and select a Secretary.
[1971 Code § 20-1.5]
There is hereby created the Office of Unified Planning Board Attorney. The Unified Planning Board may annually appoint, fix the compensation of or agree upon the rate of compensation of the Unified Planning Board Attorney who shall be an attorney other than the Borough Attorney.
[1971 Code § 20-1.6]
The Unified Planning Board may also employ or contract for the services of experts and other staff and services as it may deem necessary. The Board shall not however exceed, exclusive of gifts or grants, the amount appropriated by the Borough Council for its use.
[1971 Code § 20-1.7; Ord. No. 95-42 § 1]
The Board shall adopt such rules and regulations as may be necessary to carry into effect the provisions and purposes of this chapter. In the issuance of subpoenas, administration of oaths and taking of testimony, the provisions of the County and Municipal Investigations Law of 1953 (N.J.S.A. 2A:67A-1 et seq.) shall apply. It shall also have the following powers and duties:
To make and adopt and from time to time amend a master plan for the physical development of the Borough including any areas outside its boundaries, which in the Board's judgment bear essential relation to the planning of the Borough, in accordance with the provisions of N.J.S.A. 40:55D-28.
To administer the provisions of the Land Subdivision ordinance and Site Plan Review ordinance of the Borough (codified in Chapter 34, Development Regulations) in accordance with the provisions of said ordinances and the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.
To approve conditional use applications in accordance with the provisions of Chapter 34, Development Regulations pursuant to N.J.S.A. 40:55D-67.
To participate in the preparation and review of programs or plans required by State or Federal law or regulations.
To assemble data on a continuing basis as part of a continuous planning process.
To annually prepare a program of Borough capital improvement projects projected over a term of six years, and amendments thereto, and recommend same to the Borough Council.
To consider and make report to the Borough Council within 35 days after referral as to any proposed development regulation submitted to it pursuant to the provisions of N.J.S.A. 40:55D-26(a), and also pass upon other matters specifically referred to the Unified Planning Board by the Borough Council, pursuant to the provisions of N.J.S.A. 40:55D-26(b).
When reviewing applications for approval of subdivision plats, site plans or conditional uses, to grant, to the same extent and subject to the same restrictions as the Zoning Board of Adjustment;
To perform such other advisory duties as are assigned to it by ordinance or resolution of the Borough Council for the aid and assistance of the Borough Council or other agencies or officers.
To exercise to the same extent and subject to the same restrictions, all the powers of a Zoning Board; but the Class I and Class III members shall not participate in the consideration of applications for development which involve relief pursuant to subsection (d) 10:55D-70 of P.L. 1975, c. 291 as follows:
Hear and decide appeals where it is alleged by the appellant that there is error in any order, requirement, decision or refusal made by an administrative official or agency based on or made in the enforcement of the Zoning Ordinance.
Hear and decide requests for interpretation of Zoning Map or Zoning Ordinance or for decisions upon other special questions upon which such Board is authorized by the Zoning Ordinance to pass.
(1) Where, (a) by reason of exceptional narrowness, shallowness or shape of a specific place of property, or (b) by reason of exceptional topographic conditions, or physical features uniquely effecting a specific piece of property. (c) by reason of an extraordinary and exceptional situation uniquely effecting a specific piece of property or structures lawfully existing thereon, the strict application of any 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; (2) wherein an application or appeal relating to a specific piece of property the purposes of this act 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 of N.J.S.A. 40:55D-62; provided however that no variation from those departures enumerated in subsection D. of this section shall be granted under this subsection.
In particular cases and for special reasons, grant a variance to allow departure from regulations pursuant to N.J.S.A. 40:5D-62 to permit (a) A use or principal structure in a district restricted against such use or principal structure, (b) an expansion of a nonconforming use (c) deviation from a specification or standard pursuant to N.J.S.A. 40:55D-67 pertaining solely to a conditional use for an increase in the permitted floor area ratio as defined in N.J.S.A. 40:55D-4, (d) an increase in permitted density as defined by N.J.S.A. 40:55D-4, except as applied to the required lot area for a lot or lots for detached one or two dwelling units, which lot or lots are either an isolated undersized lot or lots resulting from a minor subdivision or (e) a height of a principal structure which exceeds by 10 feet or by 10% the maximum height permitted in the district for a principal structure. A variance under this section shall be granted only by affirmative vote of 2/3 of the full authorized membership of the Board.
No variance or other relief may be granted under the provisions of this section unless such variance or other relief can be granted without substantial detriment to the public good and will not substantially impair the intent and purpose of the zone plan and zoning ordinance. Any application under this section may be referred to any appropriate person or agency, for its report, provided that such reference shall not extend the period of time within which the Board shall act.
All other powers conveyed upon the Unified Planning Board by Chapter 30 of the Revised General Ordinances and the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., subsequent amendments thereto, and all procedures, practices, requirements, and time periods shall continue to be in effect as specified therein.
[1971 Code § 20-1.8]
Minor Subdivisions. Minor subdivision approvals shall be granted or denied within 45 days of the date of submission of a complete application to the Unified Planning Board or within such further time as may be consented to by the applicant. Approval of a minor subdivision shall expire 190 days from the date of Unified Planning Board approval unless with such period a plat in conformity with such approval and the provisions of the Map Filing Law, or a deed clearly describing the approved minor subdivision, is filed by the developer with the
County Recording Officer, the Borough Engineer and the Borough Tax Assessor. Any such plat or deed must be signed by the Chairman and Secretary of the Unified Planning Board before it will be accepted for filing by the County Recording Officer.
Preliminary Approval Major Subdivisions. Upon submission of a complete application for a subdivision of 10 or fewer lots, the Unified Planning Board shall grant or deny preliminary approval within 45 days of the date of such submission or within such further time as may be consented to by the developer. Upon submission of a complete application for a subdivision of more than 10 lots the Unified Planning Board shall grant or deny preliminary approval within 95 days of the date of such submission or within such further time as may be consented to by the developer. Otherwise, the Unified Planning Board shall be deemed to have granted preliminary approval for the subdivision.
Ancillary Powers. Whenever the Unified Planning Board is called upon to exercise its ancillary powers before the granting of a variance as set forth in subsection 30-1.8g of this chapter, the Unified Planning Board shall grant or deny approval of the application within 95 days after submission by the developer of a complete application or within such further time as may be consented to by the applicant. Failure of the Unified Planning Board to act within the period prescribed shall constitute approval of the application and a certificate of the administrative officer as to the failure of the Unified Planning Board to act shall be issued on request of the applicant.
Final Approval. Application for final subdivision approval shall be granted or denied within 45 days of submission of a complete application or within such further time as may be consented to by the applicant.
Final approval of a Major Subdivision shall expire 95 days from the date of signing of the plat unless within such period the plat shall have been duly filed by the developer with the County Recording Officer. The Unified Planning Board may, for good cause shown, extend the period for recording for an additional period not to exceed 190 days from the date of signing of the plat.
[1971 Code § 20-1.9]
Applications for development within the jurisdiction of the Unified Planning Board pursuant to the provisions of N.J.S.A. 40:55D-1 et seq. shall be filed with the Secretary of the Unified Planning Board. Applicant shall file at least 21 days before the date of the monthly meeting of the Board six copies of a sketch plat; nine copies of applications for minor subdivision approval; nine copies of application for major subdivision approval or 21 copies of an application for site plan review, conditional use approval, or planned development. At the time of filing the application but in no event less than 10 days prior to the date set for hearing, the applicant shall also file all plot plans, maps or other papers required by virtue of any provision of this chapter or any rule of the Unified Planning Board. The applicant shall obtain all necessary forms from the Secretary of the Unified Planning Board. The Secretary of the Board shall inform the applicant of the steps to be taken to initiate applications and of the regular meeting dates of the Board.
[1971 Code § 20-1.11]
Whenever the Environmental Commission has prepared and submitted to the Unified Planning Board an index of the natural resources of the Borough, the Unified Planning Board shall make available to the Environmental Commission an informational copy of every application for development to the Unified Planning Board. Failure of the Unified Planning Board to make such informational copy available to the Environmental Commission shall not invalidate any hearing or proceeding.
[1971 Code § 20-3.1]
No member of the Unified Planning Board shall act on any matter in which he has either directly or indirectly any personal or financial interest. Whenever any such member shall disqualify himself from acting on a particular matter, he shall not continue to sit with the Board on the hearing of such matter nor participate in any discussion or decision relating thereto.
[1971 Code § 20-3.2]
Meetings of the Unified Planning Board shall be scheduled no less often than once a month and any meeting so scheduled shall be held as scheduled unless cancelled for lack of applications for development to process.
Special meetings may be provided for at the call of the Chairman or on the request of any two Board members, which shall be held on notice to its members and the public in accordance with all applicable legal requirements.
No action shall be taken at any meeting without a quorum being present.
All actions shall be taken by majority vote of a quorum except as otherwise required by any provision of N.J.S.A. 40:55D-1 et seq.
All regular meetings and all special meetings shall be open to the public. Notice of all such meetings shall be given in accordance with the requirements of the Open Public Meetings Laws, N.J.S.A. 10:4-6 et seq.
[1971 Code § 20-3.3]
Minutes of every regular or special meeting shall be kept and shall include the names of the persons appearing and addressing the 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 Borough Clerk. Any interested party shall have the right to compel production of the minutes for use as evidence in any legal proceeding concerning the subject matter of such minutes. Such interested party may be charged a fee for reproduction of the minutes for his use as provided for in the rules of the Board.
[1971 Code § 20-3.4]
Fees for applications or for the rendering of any service of the Unified Planning Board or any member of their administrative staffs which is not otherwise provided by ordinance may be provided for and adopted as part of the rules of the Board and copies of such rules or of the separate fee schedule shall be available to the public. Pending such fee revision, the fee schedules contained in the Revised General Ordinances of the Borough of Matawan, 2008, as amended shall continue to apply.
[1971 Code § 20-3.5]
Rules. The Unified Planning Board shall make rules governing the conduct of hearings before such bodies which rules shall not be inconsistent with the provisions of N.J.S.A. 40:55D-1 et seq. or of this chapter.
Oaths. The officer presiding at the hearing or such person as he may designate shall have power to administer oaths.
Testimony. The testimony of all witnesses relating to an application for development shall be taken under oath or affirmation by the presiding officer 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.
Evidence. Technical rules of evidence shall not be applicable to the hearing, but the Board may exclude irrelevant, immaterial or unduly repetitious evidence.
Records. The Board shall provide for the verbatim recording of the proceedings by either stenographer, mechanical or electronic means. The Board* shall furnish a transcript or duplicate recording in lieu thereof on request to any interested party at his expense.
[1971 Code § 20-3.6]
Whenever a hearing is required on an application for development pursuant to N.J.S.A. 40:55D-1 et seq., or pursuant to the determination of the Borough agency in question the applicant shall give notice thereof as follows:
Public notice shall be given by publication in the official newspaper of the Borough at least 10 days prior to the date of the hearing.
Notice shall be given to the owners of all real property as shown on the current tax duplicate, located within 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 (1) condominium association, in the case of any unit owner whose unit has a unit above or below it; or (2) horizontal property regime, in the case of any co-owner whose apartment has an apartment above or below it. Notice shall be given by: (1) serving a copy thereof on the property owner as shown on the current tax duplicate, or his agent in charge of the property; or (2) mailing a copy thereof by certified mail return receipt to the property owner at his address as shown on the current tax duplicate.
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 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-owner, or homeowners on account of such common elements or areas.
Notice of all hearings on applications for development involving property located within 200 feet of an adjoining municipality shall be given by personal service or certified mail return receipt to the Clerk of such municipality which notice shall be in addition to the notice required to be given pursuant to paragraph b of this subsection to the owners of lands in such adjoining municipality which are located within 200 feet of the subject premises.
Notice shall be given by personal service or certified mail to the County Planning Board of a hearing on an application for development of property adjacent to an existing County road or proposed road shown on the official County Map or on the County Master Plan, adjoining other County land or situated within 200 feet of a municipal boundary.
Notice shall be given by personal service or certified mail to the Commissioner of Transportation of a hearing on an application for development of property adjacent to a State highway.
Notice shall be given by personal service or certified mail to the Director of the Division of State and Regional Planning in the Department of Community Affairs of a hearing on an application for development of property which exceeds 150 acres or 500 dwelling units. Such notice shall include a copy of any maps or documents required to be on file with the Borough Clerk pursuant to N.J.S.A. 40:55D-10-1.
All notices hereinabove specified in this subsection shall be given at least 10 days prior to the date fixed for hearing and the applicant shall file an affidavit of proof of service with the Board holding the hearing on the application for development.
Any notice made by certified mail as hereinabove required shall be deemed to complete upon mailing in accordance with the provisions of N.J.S.A. 40:55D-14.
Form of Notice. All notices required to be given pursuant to the terms of this chapter shall state the date, time and place of the hearing, the nature of the matters to be considered and 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 and documents for which approval is sought are available as required by law.
[1971 Code § 20-3.7]
Pursuant to the provisions of N.J.S.A. 40:55D-12c and N.J.S.A. 40:55D-3, the Administrative Officer of the Borough, the Tax Collector, or Tax Assessor shall within seven days after receipt of a request therefor and upon receipt of payment of a fee of $10 make and certify a list from the current tax duplicate of names and addresses of owners to whom the applicant is required to give notice pursuant to subsection 30-3.6b of this chapter.
[1971 Code § 20-3.8]
Each decision on any application for development shall be set forth in writing as a resolution of the Unified Planning Board which shall include findings of fact and legal conclusions based thereon.
A copy of the decision shall be mailed by the Board within 10 days of the date of decision, to the applicant, or if represented, then to his attorney, without separate charge. A copy of the decision shall also be mailed to all persons who have requested it and who have paid the fee prescribed by the Board for such service. A copy of the decision shall also be filed in the Office of the Borough Clerk, who shall make a copy of such filed decision available to any interested party upon payment of a fee calculated in the same manner as those established for copies of other public documents in the Borough.
The applicant shall publish notice of the decision and certified affidavit shall be provided to the Secretary of the Unified Planning Board within 10 days.
[1971 Code § 20-3.10]
Pursuant to the provisions of N.J.S.A. 40:55D-39 and 40:55D-65, every application for development submitted to the Unified Planning 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 the 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.
[1971 Code § 20-4.1]
An appeal to the Unified Planning Board may be taken by any interested party affected by any decision of the Administrative Officer of the Borough based on or made in the enforcement of the Zoning regulations, or Official Map. Such appeal shall be taken within 20 days by filing a notice of appeal in the manner set forth in subsection 30-2.2a of this chapter, and in accordance with the provisions of Article 9 of the Municipal Land Use Law of 1975 (N.J.S.A. 40:55D-1).
An appeal from any decision of the Unified Planning Board may be taken to the Superior Court pursuant to the Municipal Land Use Law.
[1971 Code § 20-5.1]
Whenever a term is used in this chapter which is defined in N.J.S.A. 40:55D-1 et seq., such term is intended to have the meaning set forth in the definition of such term found in said Statute, unless a contrary intention is clearly expressed from the context of this chapter.
[1971 Code § 20-5.2]
All sections of Chapter 34, Development Regulations, or any other ordinance of the Borough which contains provisions contrary to the provisions of this chapter shall be and are hereby (to the extent of such inconsistency,) repealed.
[1971 Code § 20-5.3]
Pursuant to the provisions of N.J.S.A. 40:55D-1 et seq. the substantive provisions of the existing Land Subdivision regulations, Zoning regulations and Site Plan Review of the Borough and the development regulations set forth therein (as codified in Chapter 34) shall continue in full force and effect and shall be read in para materia with this chapter.
[1971 Code § 20-5.4]
All applications for development filed prior to the effective date of this chapter may be continued, but any appeals arising out of decisions made on any such application shall be governed by the provisions of Section 30-4 of this chapter.
[1971 Code § 20-5.5]
This chapter shall be known and may be cited as "The Land Use Procedures Ordinance of the Borough of Matawan."
[1971 Code § 20-5.6]
Immediately upon adoption of this chapter the Borough Clerk shall file a copy of this chapter with the County Planning Board as required by law. The Clerk shall also file with the County Planning Board copies of all other ordinances of the Borough relating to land use, such as the Subdivision Zoning and Site Plan Review ordinances.
[Ord. No. 06-28]
It shall be established that fees for the granting of easements and rights in or upon borough-owned real property. The fees and licenses for those rights are established as follows:
Other than private sales of real property to certain organizations upon nominal consideration as authorized by N.J.S.A. § 40:12-21, the following minimum prices shall be established for easements, licenses, and any other encroachments upon or encumbrances of Borough-owned lands, or rights-of-way:
The Borough shall have the right to increase these minimum bids, at its discretion, upon a finding that special circumstances exist warranting an increase in the aforementioned minimum bids.
Nothing in this section, shall otherwise restrict or limit the Borough from exercising any other rights or powers granted to it by the Local Lands and Building Laws, N.J.S.A. § 40A:12-1, et seq.