Conference/Public Meeting Agendas/Documents — Packet

propriety to issuing a building permit or Certificate of Occupancy or Use in a particular case, he/she shall appeal the matter to the Zoning Board of Adjustment. (b) It shall be the duty of the Zoning Officer to investigate any violation of this chapter or Chapter XIV. Where any building or structure is erected, constructed or maintained or any building, structure or land is used in violation of any provision of this chapter or Chapter XIV, the Zoning Officer may serve summonses immediately upon the property owner of record, tenant, occupant, management company, partnership, receiver, mortgagee, corporation, individual or persons and/or other person or entity involved in the conduct of the illegal use or activity. (c) It shall be the duty of the Zoning Officer to keep records of all applications for building permits and of all such permits issued with a notation of all special conditions involved. He/she shall file and safely keep copies of all plans and specifications submitted with such application, and the same shall form a part of the records of his/her office and shall be available to the Township Council and all other officials of the Township. e. Inspection of the Premises. The Zoning Officer or a duly authorized agent of the Division of Inspections shall at all reasonable times be permitted access to inspect any buildings, structures, lots or land, whether already erected or put into use or in the course of erection and putting into use for the purpose of determining whether or not provisions of this chapter are being complied with. 211

DRAFT PROPOSED REVISIONS – OCTOBER 2011 f. Violation, Penalties and Injunctions.* 1. Any person, corporation or any owner of lands and structures who shall violate this section or who shall erect, structurally alter, enlarge, rebuild or move any structure or structures or who shall use any lot or land in a manner different than as set forth in any detailed statement submitted and approved under the terms of this section, or who shall refuse reasonable attempts to inspect any premises shall be deemed a disorderly person and shall, upon conviction, be liable to a fine not exceeding one thousand ($1,000.00) dollars or imprisonment for a period not exceeding ninety (90) days, or both, and each day in which such violation continues shall constitute a separate violation or offense. 2. Any architect, builder, contractor, agent or person who is employed in connection with, or assist in, the violation of any part of the selection shall be liable to the same penalties set forth in paragraph 1. 3. In addition to the foregoing remedies, the Township Attorney may maintain an action in court of competent jurisdiction to enjoin, restrain, abate, correct and remove any violation of this section. 4. Notwithstanding anything to the contrary herein, anyone who obtains title or held an ownership interest without first obtaining a Certificate of Continued Occupancy shall be fully responsible and liable under this chapter. 5. To the extent that an owner fails to obtain a Certificate of Continued Occupancy and closes title, the owner shall remain liable for a separate violation on each day until a Certificate of Continued Occupancy is issued. This continuing violation for each and every day shall be consistent with Section 25-59b. 6. Any person who serves as an agent, employee or representative of the owner, including but not limited to any licensed real estate broker, may be found liable for a violation hereunder and punished to the full extent of the law. (Ord. No. 904-88 § 25-7.4; Ord. No. 1640-99 § II; Ord. No. 1688-00 § 1; Ord. No. 1924-04 § II) 25-40.6 Interpretation. In

ereunder and punished to the full extent of the law. (Ord. No. 904-88 § 25-7.4; Ord. No. 1640-99 § II; Ord. No. 1688-00 § 1; Ord. No. 1924-04 § II) 25-40.6 Interpretation. In applying and interpreting the provisions of this chapter, these regulations shall be held to be minimum requirements adopted for the promotion of the public health, safety, morals, comfort, convenience, and general welfare. The following specific regulations shall apply: a. A minimum required lot or yard size for one (1) structure shall not be used as any part of a required lot or yard for a second structure. b. The required lot or yard for an existing structure shall not be diminished below the minimum requirements of this chapter. (Ord. No. 904-88 § 25-7.5) Comment [PG93]: unnecessary regulations 25-40.76 Relation of Zoning Ordinance to Other Provisions of Law. This chapter shall not in any way abrogate or impair any provision of law or ordinance or regulations existing or as may be adopted in the future, except that where this chapter imposes a greater restriction of buildings and structures, or required larger lots or yards, the provisions of this section shall apply to the following ordinances, rules and regulations, among others: Uniform Construction Code; *Editor's Note: Refer also to the General Penalty for any violation of any provision of the Code. See Chapter I, Section 1-5. 212

DRAFT PROPOSED REVISIONS – OCTOBER 2011 Health Code; Subdivision Regulations of the Planning Board; Tenement House Act of the State of New Jersey; and All other applicable ordinances of the Township. No provisions contained in this chapter shall be construed as justifying the encroachment of any building or structure within any street lines now or hereafter laid down on the Township map, nor as justifying the infringement or setting aside of any regulation adopted by the Planning Board or Board of Adjustment. (Ord. No. 904-88 § 25-7.6) 25-40.87 Public Records. Duly certified copies of this chapter and of the Zoning Map, together with copies of all amendments, shall be filed in the Township Clerk's office and in the Construction Official's office, and shall be open to public inspection. (Ord. No. 904-88 § 25-7.7) 25-40.98 Procedure for Amendment. All amendments to this chapter and to the Zoning Map shall be adopted in accordance with the provisions of N.J.S.A. 40:55D-62 through 68 as most recently amended. (Ord. No. 904-88 § 25-7.8) 25-41 - 25-44 RESERVED. 213

DRAFT PROPOSED REVISIONS – OCTOBER 2011 SECTIONS 45-62 Article II Organizational Details, Procedures and Application Requirements 25-45 PURPOSE. The purpose of this chapter shall be to establish a Planning Board and Zoning Board of Adjustment pursuant to the provisions of R.S.N.J.S.A. 40:55D-1, et seq. to define the powers and duties of the Boards and to fix the procedures governing applications to and appeals from the Boards. (Ord. No. 904-88 § 25-8.1) 25-46 PLANNING BOARD. 25-46.1 Establishment. Pursuant to the authority granted by N.J.S.A. 40:55D-23, there shall be hereby established a Planning Board comprised of eleven (11) members of the Township, consisting of the following four (4) membership classes: a. Class I. The Mayor. b. Class II. One (1) official of the Township, other than a member of the Township Council, to be appointed by the Mayor. The Environmental Commission member shall be the Class II member only if the Class IV membership includes both a member of the Board of Education and a member of the Zoning Board of Adjustment. c. Class III. A member of the Township Council appointed by it. d. Class IV. Eight (8) other citizens of the Township to be appointed by the Mayor. The members of Class IV shall hold no other municipal office, except that one (1) member may be a member of the Zoning Board of Adjustment and one (1) member may be a member of the Board of Education. A member of the Environmental Commission who shall also be a member of the Planning Board, shall be a Class IV member, unless the Class IV membership includes both a member of the Zoning Board of Adjustment and a member of the Board of Education, in which case the member of the Environmental Commission shall be the Class II Planning Board Member. Of the eight members, two (2) shall be appointed as alternate members. Alternate members shall be designated by the Mayor at the time of their appointment as "Alternate No. 1" and "Alternate No. 2". In the event that a choice must be made as to which alternate is to vote, Alternate No. 1 shall vote. 25-46.2 Terms. a. The term of the member

o. 1" and "Alternate No. 2". In the event that a choice must be made as to which alternate is to vote, Alternate No. 1 shall vote. 25-46.2 Terms. a. The term of the member constituting Class I shall correspond with his or her official tenure. b. The term of the member constituting Class II shall be for one (1) year, or terminate at such time as the member is no longer an official of the Township, whichever occurs first. If the Class II member is also a member of the Environmental Commission, that member's term shall be for three (3) years or shall terminate at such time as the member is no longer a member of the Environmental Commission, whichever occurs first. c. The term of the member constituting Class III shall be for one (1) year or terminate at such time as the member is no longer a member of the Township Council, whichever occurs first. d. The term of a Class IV member who shall also be a member of the Board of Education or the Zoning Board of Adjustment shall terminate whenever that member is no longer a member of 214

DRAFT PROPOSED REVISIONS – OCTOBER 2011 such other body or at the completion of his or her Class IV membership as defined in paragraph e. below, whichever occurs first. e. The terms of all Class IV members first appointed pursuant to this chapter shall be so structured that to the greatest practicable extent the expiration of such terms shall be evenly distributed over the first four (4) years after their appointment as determined by the Mayor at the time such initial appointments are made provided that no term of any member shall exceed four (4) years and further provided that nothing herein shall affect the term of any present member of the Planning Board, all of whom shall continue in office until the completion of the term for which they were appointed. Except as hereinabove provided, all Class IV members, shall be appointed for terms for four (4) years, all such terms running from July 1 of the calendar year in which the appointment is made. f. Following member's absence from meetings for eight (8) consecutive weeks, or four (4) Comment [PG94]: clarified intent and made consecutive regular meetings, whichever is longer, that regular member's position on the consistent with Zoning Board regulations Planning Board shall be declared vacant following written notice to the Mayor and Township Council provided that the Planning Board may refuse to excuse absences only with respect to those failures to attend and participate which are not due to legitimate illness. Any and all such vacancies shall be filled by appointment as provided for in subsection 25-46.2 above, for the unexpired term. (Ord. No. 904-88 § 25-8.2B; Ord. No. 2247-09 § II) 25-46.3 Vacancies. If a vacancy shall occur, in any class, other than by expiration of the term to which a member was appointed, such vacancy shall be filled by appointment as provided for in subsection 25-46.2 above, for the unexpired term. (Ord. No. 904-88 § 25-8.2C) 25-46.4 Compensation. All members of the Planning Board shall serve without compensation. (Ord. No. 904-88 § 25-8.2D) 25-46.5 Organization. a. The Planning Board shall elect a Chairperson and Vice-Chairperson from the members of Class IV, each to serve in such capacity for one (1) year dating from July 1 of the

.5 Organization. a. The Planning Board shall elect a Chairperson and Vice-Chairperson from the members of Class IV, each to serve in such capacity for one (1) year dating from July 1 of the calendar year in which elected. Individual Class IV members may not be elected to successive terms as Chairperson and Vice-Chairperson. b. The Planning Board shall select a Secretary, who may be a member of the Planning Board or a municipal employee or such other person as the Board may decide upon. If the Board wishes to select a municipal employee, the Mayor shall provide that such employee be compensated for his or her services as secretary. (Ord. No. 904-88 § 25-8.2E) 25-46.6 Experts and Staff. a. The Planning Board shall appoint an attorney of the State of New Jersey, in good standing, other than the Township Attorney, Assistant Township Attorney or Zoning Board Attorney, as Planning Board Attorney. Such appointment shall be for a one (1) year term dated from July 1 of the calendar year in which such appointment is made. The Planning Board may fix the compensation or rate of compensation of the Planning Board Attorney; however, in no case shall the compensation provided exceed the amount appropriated by the Council in the municipal budget. b. The Planning Board may also employ or contract for the services of experts and other additional staff and services as the Board shall deem necessary and proper to aid in the performance of its duties. The Board's expenditures for such staff and services, exclusive of 215

DRAFT PROPOSED REVISIONS – OCTOBER 2011 gifts or grants, shall not exceed the amount appropriated by the Council in the municipal budget. (Ord. No. 904-88 § 25-8.2F) 25-46.7 Powers and Duties. The Board shall adopt, and make available to applicants requesting the same, rules and regulations to facilitate carrying the provisions of this chapter into effect. The Planning Board shall be authorized to charge a reasonable fee for each copy of such rules and regulations. The County and Municipal Investigations Law, R.S. 2A:67A-1 et seq., shall apply to the issuance of subpoenas, the administration of oaths and the taking of testimony. The Board shall also have the following powers and duties: a. To prepare and after public hearing, adopt or amend a master plan or the component parts thereof in accordance with the provisions of N.J.S.A. 40:55D-28. b. To administer the provisions of the land subdivision chapter and site plan review ordinance of the Township pursuant to the provisions of those ordinances and the Municipal Land Use Law, R.S.N.J.S.A. 40:55D-1 et seq. c. To approve conditional use applications in accordance with the provisions of the zoning ordinance and R.S.N.J.S.A. 40:55D-67. d. 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. 1. Variances, pursuant to N.J.S.A. 40:55D-70c. 2. Direction pursuant to N.J.S.A. 40:55D-34 for issuance of permits 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. 3. Direction pursuant to N.J.S.A. 40:55D-36 for issuance of a permit for a building or structure not related to a street. Whenever relief is granted pursuant to this subsection, notice of the 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. e. To consider and report to the Township Council within thirty-five (35) days after referral as to any proposed development regulations submitted to it, pursuant to N.J.S.A. 40:55D-26a. f. The

o consider and report to the Township Council within thirty-five (35) days after referral as to any proposed development regulations submitted to it, pursuant to N.J.S.A. 40:55D-26a. f. The Construction Official and Township Council are authorized pursuant to N.J.S.A. 40:55D- 26b, to refer to the Planning Board any matter concerning land in the Township of West Orange, all contiguous municipalities and the County of Essex. Such reference shall not extend the time for action by referring authority. The Planning Board may choose to issue no report or it may make a recommendation concerning the matter referred to it. Whenever the Planning Board issues a recommendation to another municipal body pursuant to this paragraph, such recommendation may be rejected only by a majority or the full authorized membership of the other body. g. To participate in the preparation and review of programs or plans required by State or Federal law or regulations. h. To assemble data on a continuing basis as part of a continuous planning process. i. To prepare a program of municipal capital improvement projects projected over a term of at least six (6) years pursuant to N.J.S.A. 40:55D-20. 216