Public Township Council Meeting — Packet

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

DRAFT PROPOSED REVISIONS – OCTOBER 2011 j. To perform such other advisory duties as are assigned to it by ordinance or resolution of the Council for the aid and assistance of the Council or other agencies or officers of the municipality. (Ord. No. 904-88 § 25-8.2G) 25-46.8 Citizen's' Advisory Committee. After the appointment of the Planning Board, the Mayor, in his/her sole discretion, may appoint one (1) or more persons as a Citizen's' Advisory Committee to assist or collaborate with the Planning Board in its duties, but such person or persons shall have no power to vote or take other action required of the Board. Such person or persons shall serve at the pleasure of the Mayor. (Ord. No. 904-88 § 25-8.2H) 25-46.9 Minor Subdivisions. Minor subdivision approval shall be deemed to be final approval of the subdivision by the Planning Board, provided that the Board may condition such approval on terms as described in N.J.S.A. 40:55D-47. Minor subdivision approval shall be granted or denied within forty-five (45) days of the date of submission of a complete application to the secretary of the Planning Board, or within such further time as may be consented to by the applicant. Failure of the Planning Board to act within the period prescribed shall constitute minor subdivision approval and a certificate to that effect shall be issued by the Secretary of the Planning Board on request of the applicant. The Planning Board shall grant only conditional approvals for applications for development which require review or approval by the County Planning Board pursuant to N.J.S.A. 40:27-6.3. A final approval shall be granted upon receipt of a favorable report or approval from the County Planning Board or upon the failure of the County Planning Board to report on the application within the required time period. Approval of a minor subdivision shall expire one hundred ninety (190) days from the date of Planning Board approval, within such period, a plat, in conformity with such approval and the provisions of the "Map Filing Law," N.J.S.A. 46:23-9.9 et seq., or a deed clearly describing the approved minor subdivision, shall be filed by the applicant with the County Recording Officer, the municipal engineer and the municipal tax assessor. The Chairman and Secretary of the Planning Board shall sign such plats or deeds which accurately

the applicant with the County Recording Officer, the municipal engineer and the municipal tax assessor. The Chairman and Secretary of the Planning Board shall sign such plats or deeds which accurately depict the minor subdivision, as approved by the Board, to enable the same to be filed with the County Recording Officer. (Ord. No. 904-88 § 24A- 3.8) 25-46.10 Major Subdivisions. a. Preliminary Approval. Upon submission of a complete application for development of a subdivision of ten (10) or fewer lots, the Planning Board shall grant or deny preliminary subdivision approval within forty-five (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 development of a subdivision of more than ten (10) lots, the Planning Board shall grant or deny preliminary subdivision approval within ninety-five (95) days of the date of such submission, or within such further time as may be consented to by the developer. Failure of the Planning Board to act within the prescribed time, or within the period of any extension consented to by the developer, shall constitute a grant of preliminary approval for the subdivision. b. Ancillary Powers. Whenever the Planning Board is called upon to exercise its ancillary power to grant a variance, as set forth in subsection 25-46.7d., the Planning Board shall grant or deny approval of the application for development within ninety-five (95) days after submission by the developer of a complete application for development, or within such further time as 217

DRAFT PROPOSED REVISIONS – OCTOBER 2011 may be consented to by the developer. Failure of the Planning Board to act within the prescribed time, or within the period of any extension to by the developer, shall constitute a grant of approval for the entire application for development. c. Final Approval. The Planning Board shall grant or deny final subdivision approval within forty-five (45) days of the submission of a complete application therefor, or within such further time as may be consented to by the developer. Failure of the Planning Board to act within the prescribed time, or within the period of any extension consented to by the developer, shall constitute a grant of approval for the entire application for development. Final approval of a major subdivision shall expire ninety-five (95) days from the date of the signing of the plat, unless within such period the plat shall have been duly filed by the developer with the Essex County Recording Officer. The Planning Board may, for good cause shown by the developer, extend the period for recording the plat for an additional period not to exceed one hundred ninety (190) days from the date of the signing of the plat. (Ord. No. 904-88 § 24A-3.9) 25-47 ZONING BOARD OF ADJUSTMENT. 25-47.1 Establishment. Pursuant to the authority granted by R.S.N.J.S.A. 40:55D-69, there shall be hereby established a Zoning Board of Adjustment comprised of eleven (11) residents of the Township. Members shall be appointed as follows: a. Five (5) regular members to be appointed by the Township Council, same being one (1) appointment by each member of the Township Council individually. b. Two (2) regular members to be appointed by the Mayor, without the requirement of advice and consent of the Township Council. c. Four (4) alternate members to be appointed as follows: Two (2) by the Township Council as a whole and two (2) by the Mayor with the advice and consent of the Township Council. d. Any regular or alternate member of the Zoning Board of Adjustment is expressly prohibited from serving on the Board if he or she is: 1. An elected official in the Township. 2. A full-time or part-time employee of the Township. e. As provided by State law, however, (N.J.S.A.

serving on the Board if he or she is: 1. An elected official in the Township. 2. A full-time or part-time employee of the Township. e. As provided by State law, however, (N.J.S.A. 40:55D-69) the Zoning Board of Adjustment shall select a secretary who may or may not be a Board Member or a Township employee. (Ord. No. 904-88 § 25-8.3A; Ord. No. 1034-90; Ord. No. 1989-04 § II) 25-47.2 Terms. Each regular member shall be appointed for a term of four (4) years. All terms shall run from July 1 of the calendar year in which the appointment is made. The terms of the members first appointed pursuant to this section 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 Township Council 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 Zoning Board of Adjustment, all of whom shall continue in office until the completion of the term for which they were appointed. 218

DRAFT PROPOSED REVISIONS – OCTOBER 2011 Each alternate member shall be appointed for a term of two (2) years. All terms shall run from July 1 of the calendar year in which the appointment is made. Alternate members shall be designated by the Chairperson as "Alternate No. 1," "Alternate No. 2," "Alternate No. 3" and "Alternate No. 4" and shall serve in rotation during the absence or disqualification of any regular member or members. Following a regular member's absence from meetings for eight (8) consecutive weeks, or four (4) consecutive regular meetings, whichever is longer, that regular member's position on the Zoning Board of Adjustment shall be declared vacant following written notice to the Mayor and Township Council provided that the Zoning Board of Adjustment 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 an alternate member who shall be designated to replace that regular member. (Ord. No. 904-88 § 25-8.3B; Ord. No. 2247-09 § II) 25-47.3 Vacancies. If a vacancy shall occur other than by expiration of the term to which a member was appointed, such vacancy shall be filled by appointment for the unexpired term. Such appointment shall be made by the appointing authority which appointed the member whose departure caused the vacancy to occur. (Ord. No. 904-88 § 25-8.3C) 25-47.4 Compensation. All members of the Zoning Board of Adjustment shall serve without compensation. (Ord. No. 904- 88 § 25-8.3D) 25-47.5 Organization. a. The Zoning Board of Adjustment shall elect a Chairperson and Vice-Chairperson from its members. Each shall serve in such capacity for one (1) year, dated from July 1 of the calendar year in which elected. Members may not be elected to successive terms as Chairperson and Vice-Chairperson. b. The Zoning Board of Adjustment shall elect a Secretary, who may be a member of the Zoning Board of Adjustment or a Township employee or such other person as the Board may decide upon. If the Board wishes to select a Township employee, the Mayor shall designate the employee and the Mayor and Council shall provide that the employee shall be compensated for his or her services as Secretary. (Ord. No. 904-88 § 25-8.3E) 25-47.6 Experts

e the employee and the Mayor and Council shall provide that the employee shall be compensated for his or her services as Secretary. (Ord. No. 904-88 § 25-8.3E) 25-47.6 Experts and Staff. The Zoning Board of Adjustment shall appoint an attorney of the State of New Jersey, in good standing, other than the Township Attorney, Assistant Township Attorney or Planning Board Attorney, as Zoning Board of Adjustment Attorney. Such appointment shall be for a one (1) year term dating from July 1 of the calendar year in which such appointment is made. An individual may be appointed to successive terms as Zoning Board of Adjustment Attorney; however, in no case shall the compensation provided exceed the amount appropriated by the Council in the municipal budget. (Ord. No. 904-88 § 25-8.3F) 25-47.7 Powers and Duties. Pursuant to N.J.S.A. 40:55D-70, the Zoning Board of Adjustment shall have the power to: a. Hear and decide appeals where it is alleged that there is an error in the decision or refusal made by athe Construction Official, Zoning Enforcement Officer or any other administrative 219

DRAFT PROPOSED REVISIONS – OCTOBER 2011 officer of the Township based on or made in the enforcement of the zoning provisions of this chapter. b. Hear and decide requests for interpretation of the Zoning Map or zoning provisions of this chapter. c. Where: 1. By reason of exceptional narrowness, shallowness or shape of a specific piece of property; or 2. By reason of exceptional topographic conditions or physical features uniquely affecting a specific piece of property; or 3. 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 of this chapter 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. Where, in 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 pursuant to those departures under this subsection, and provided further 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 has power to review a request for a variance pursuant to this section. d. In particular cases and for special reasons, grant a variance to allow departure forom the zoning regulations of this chapter 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. 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)

o 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; 6. A height of a principal structure which exceeds by ten (10) feet or ten percent Comment [PG95]: added to make consistent (10%) the maximum height permitted in the district for a principal structure. A variance with state law under this subsection shall be granted only by an affirmative vote of at least five (5) members of the Zoning Board of Adjustment. No variance or other relief may be granted under the terms of this section unless such variance or other relief can be granted without substantial detriment to the public good and shall not substantially impair the intent and purpose of the zone plan and Zoning Ordinance. An application for development under any provision of this section may be refereed to any appropriate person or agency, for a report; provided that such reference shall not extend the period of time within the Zoning Board of Adjustment shall act. (Ord. No. 904-88 § 25-8.3G) 25-47.8 Other Powers and Duties. The powers of the Zoning Board of Adjustment shall be in accordance with N.J.S.A. 40:55D-69, as amended and lamented, and in accordance with the provisions of this chapter. a. 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 Zoning Board of Adjustment shall be authorized to charge a reasonable fee for each copy of such rules and regulations. In the issuance of subpoenas, administration of oaths and taking of testimony, the provisions of the County and Municipal Investigations Law, N.J.S.A. 2A:67A-1 et seq. shall apply. 220