The boards may employ or contract for and fix
the compensation of the board attorney, other than the municipal attorney;
other experts; staff personnel; and other services as it may be deemed
necessary. The boards shall not, however, exceed, exclusive of gifts
or grants, the amount appropriated by the governing body for their
use.
The Planning Board shall have the following
powers and duties:
A.
To adopt bylaws governing its procedural operation.
B.
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.
C.
To administer the provisions relating to conditional uses in accordance with the provisions of the Zoning Ordinance (Article VII of this chapter) and Chapter 291, P.L. 1975, N.J.S.A. 40:55D-51 et seq. (Municipal Land Use Law).
[Amended by Ord. No. 18-86]
D.
To administer the provisions of Article X of this chapter relating to subdivisions and site plan review in accordance with the provisions of this chapter and Chapter 291, P.L. 1975, N.J.S.A. 40:55D-37 et seq. (Municipal Land Use Law).
E.
To participate in the preparation and review of programs
or plans required by state and federal law or regulation.
F.
To assemble data on a continuing basis as part of
a continuous planning process.
G.
Prior to the adoption of a development regulation,
including this chapter, revision, or amendment thereto, the Planning
Board shall make and transmit to the Borough Council, within 35 days
after referral, a report including identification of any provisions
in the proposed development regulations, revision or amendment which
are inconsistent with the Master Plan and recommendations concerning
these inconsistencies and others as the Planning Board deems appropriate.
The Borough Council, when considering the adoption of a development
regulation, revision or amendment thereto, shall review the report
of the Planning Board and may disapprove or change any recommendations
by a vote of a majority of its full authorized membership and shall
record in its minutes the reasons for not allowing such recommendations.
Failure of the Planning Board to transmit its report within the thirty-five-day
period shall relieve the Borough Council from the requirements of
this subsection in regard to the proposed development regulation,
revision or amendment thereto referred to the Planning Board. Nothing
in this section shall be construed as diminishing the application
of N.J.S.A. 40:55D-32 to any official map or amendment or revision
thereto or of N.J.S.A. 40:55D-62a to any zoning regulation or any
amendment or revision thereto.
[Amended by Ord. No. 18-86]
H.
To grant to the same extent and subject to the same
restrictions as the Zoning Board of Adjustment, when reviewing applications
for approval of subdivision plats, site plans or conditional uses:
(1)
Variances pursuant to N.J.S.A. 40:55D-70c.
[Amended by Ord. No. 3-80]
(2)
Authorization pursuant to N.J.S.A. 40:55D-34 for issuance
of permit for building or structure in the bed of a mapped street
or public drainage way, flood control basin or public area reserved
pursuant to N.J.S.A. 40:55D-32.
(3)
Authorization pursuant to N.J.S.A. 40:55D-36 for issuance
of a permit for a building or a structure not related to a street.
(4)
Whenever relief is requested pursuant to this paragraph,
notice of a hearing on the application for development shall include
reference to the request for a variance or direction for issuance
of a permit as the case may be.
I.
To act as may be required by the provisions of N.J.S.A.
40:55D-1 et seq. in connection with the establishment of the Official
Map and in connection with the preparation of capital improvement
programs and the review of capital projects.
J.
To perform such other advisory duties as are assigned
to it by ordinance or resolution of the governing body for the aid
and assistance of the governing body or other agencies or officers.
K.
The Borough Council shall, for the extent and frequency
required by law, provide for a general reexamination of the Eatontown
Master Plan and development regulations by the Planning Board which
shall prepare and adopt by resolution a report on the findings of
such reexamination, a copy of which report and resolution shall be
sent to the Monmouth County Planning Board and the municipal clerks
for each adjoining municipality. The reexamination report shall state:
[Amended by Ord. No. 18-86]
(1)
The major problems and objectives relating to land
development in the Borough at the time of the adoption of the last
reexamination report.
(2)
The extent to which such problems and objectives have
been reduced or have increased subsequent to such date.
(3)
The extent to which there have been significant changes
in the assumptions, policies and objectives formed. The basis for
the Master Plan and development regulations as last revised, with
particular regard to the density and distribution of population and
land uses, housing conditions, circulation, conservation of natural
resources, energy conservation and changes in state, county and Borough
policies and objectives.
(4)
The specific changes recommended for the Master Plan
or development regulations, if any, including underlying objectives,
policies and standards, or whether a new plan or regulations should
be prepared.
A.
General powers.
(1)
The powers of the Zoning Board of Adjustment shall
be in accordance with N.J.S.A. 40:55D-69.
(2)
It is further the intent of this chapter to confer
upon the Zoning Board of Adjustment the full and complete powers as
may be lawfully conferred upon such Board, including, but not by way
of limitation, the authority in connection with any case, action or
proceeding before the Board, to interpret and construe the provisions
of this chapter or any term, clause, sentence or word hereof and the
Zoning Map in accordance with the general rules of construction applicable
to legislative enactments.
(3)
The Board may, in appropriate cases and subject to
appropriate conditions and safeguards, grant variances from the terms
of this chapter, in accordance with the general or specific rules
hereby laid down, that equity shall be done. The powers and duties
of the Board having been delegated to and imposed upon it by statute,
the Board shall in all cases follow the provisions applicable to it
in said Chapter 291, P.L. 1975, N.J.S.A. 40:55D-1 et seq., or subsequent
statutes in such case made and provided, and it shall furnish to any
person requesting the same a copy of its rules and information as
to how appeals or applications may properly be filed with the Board
for its decision thereon.
B.
Powers granted by law. The Board of Adjustment shall
have such powers as are granted by law to:
(1)
Hear and decide appeals where it is alleged by the appellant that there is error in any order, requirement, decision or refusal made by the Zoning Officer based on or made in the enforcement of the Zoning Ordinance (Article VII of this chapter).
(3)
Where by reason of exceptional narrowness, shallowness or shape of a specific piece of property; or by reason of exceptional topographic conditions; or by reason of other extraordinary and exceptional situation or condition of such piece of property, the strict application of any regulation in the ordinance (Article VII of this chapter) would result in peculiar and exceptional practical difficulties to, or exceptional or undue hardship upon, the owner of such property, grant a variance from such strict application so as to relieve such difficulties or hardship, including a variance for a conditional use; provided, however, that no variance shall be granted under this paragraph to allow a structure or use in a district restricted against such structure or use; and further provided that the proposed development does not require approval by the Planning Board of a subdivision, site plan or conditional use in conjunction with which the Planning Board shall review a request for a variance pursuant to N.J.S.A. 40:55D-60a (Municipal Land Use Law).
[Amended by Ord. No. 3-80]
(4)
In particular cases and for special reasons, grant
a variance to allow departure from regulations pursuant to N.J.S.A.
40:55D-62 through 40:55D-68, including, but not limited to, allowing
a structure or use in a district against such structure or use, but
only by the affirmative vote of at least five members of the Board.
[Amended by Ord. No. 3-80]
C.
No variance or other relief may be granted under the provisions of this chapter 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 (Article VII of this chapter).
D.
Additional powers of the Zoning Board of Adjustment.
The Zoning Board of Adjustment shall execute such other powers as
are authorized in Chapter 291, P.L. 1975, N.J.S.A. 40:55D-1 et seq.
(Municipal Land Use Law), its amendments and supplements thereto in
addition to the power specified in this chapter.
(1)
Direct issuance of a permit pursuant to N.J.S.A. 40:55D-34
for a building or a structure in the bed of a mapped street or public
drainageway, flood control basin or public area reserved on the Official
Map.
(2)
Direct issuance of a permit issued pursuant to N.J.S.A.
40:55D-36 for a building or structure not related to a street.
(3)
The Board of Adjustment shall have the power to grant
to the same extent and subject to the same restrictions as the Planning
Board subdivision or site plan approval pursuant to N.J.S.A. 40:55D-37
et seq. or conditional use approval pursuant to N.J.S.A. 40:55D-67
whenever the proposed development requires approval by the Board of
Adjustment of a variance pursuant to N.J.S.A. 40:55D-70d. The developer
may elect to submit a separate application requesting approval of
the variance and a subsequent application for any required approval
of the subdivision, site plan or conditional use. The separate approval
of the variance shall be conditioned upon grant of all required subsequent
approvals by the Board of Adjustment. No such subsequent approval
shall be granted unless such approval can be granted without substantial
detriment to the public good and without substantial impairment of
the intent and purpose of the zone plan and Zoning Ordinance. The
number of votes of board members required to grant any such subsequent
approval shall be as otherwise provided in this chapter for the approval
in question, and the special vote pursuant to the aforesaid N.J.S.A.
40:55D-70d shall not be required. In the event that the developer
elects to submit separate consecutive applications, the provision
requiring approval of the application within 120 days after submission
shall apply to the application for approval of the variance. The period
for granting or denying any subsequent approval shall be as otherwise
provided in this chapter and by the Municipal Land Use Law.
[Amended by Ord. No. 3-80]
E.
The Board of Adjustment shall refer any applications for subdivision or for site plan approval under § 89-12D to the Planning Board for its report before it takes final action thereon. Such referral shall not extend the time for action by the Board of Adjustment whether or not the Planning Board has submitted its report. Whenever the Planning Board shall have made a recommendation regarding a matter authorized by this chapter to the Board of Adjustment, such recommendation may be rejected only by a majority of the full authorized membership of the Board of Adjustment.
[Amended by Ord. No. 3-80]
F.
Expiration of variances. Any variance from the terms
of this chapter hereafter granted by the Board of Adjustment permitting
the erection or alteration of any building or buildings, structure
or structures or permitting a specified use of any premises shall
expire by limitation unless such construction or alteration shall
have been actually commenced on each and every structure permitted
by said variance or unless such permitted use has actually been commenced
within one year (12 months) and the construction or alteration completed
within two years (24 months) from the entry of the judgment or determination
of the Board of Adjustment; 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 of Adjustment to
the governing body or to a court of competent jurisdiction until the
determination in any manner of such appeal or proceeding.
G.
(Reserved)
H.
Annual report on applications and appeals. The Board
of Adjustment shall, at least once a year, review its decisions on
applications and appeals for variances and prepare and adopt by resolution
a report on its findings on Zoning Ordinance provisions which were
the subject of variance requests and its recommendation for zoning
regulation and map amendment or revision, if any. The Board of Adjustment
shall send copies of the report and resolution to the Borough Council
and Planning Board.
[Amended by Ord. No. 18-86]
