The Township of East Brunswick was established in 1860. Since January 1, 1965, the

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& 132-6

LAND USE PROCEDURES

& 132-8

& 132-6.

Terms of Office.

The term of the Mayor shall correspond to his official tenure.

The terms of the members comprising the Class II and Class III members of the

Planning Board shall be for one (1) year or shall 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 Class IV member who is also a member of the

Environmental Commission shall be for three (3) years or shall terminate at the

completion of his term of office as a member of the Environmental Commission,

whichever occurs first.

The term of a Class IV member who is also a member of the Board of Adjustment

or the Board of Education shall terminate whenever he is no longer a m em ber of

such 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 terms

shall be distributed evenly over the first four (4) years after the appointment;

provided, however, that no term of any member shall exceed four (4) years and

provided further that nothing herein shall affect the terms of any citizen members of

the Planning Board, all of whom shall continue in office until the completion of the

terms for which they were appointed. Thereafter, all Class IV members shall be

appointed for terms of four (4) years, except as otherwise hereinabove provided.

The terms of the alternate members shall be for two (2) years, except that the terms

of the alternate members shall be such that the term of not more than one alternate

shall expire in any one year; provided, however, that in no instance shall the terms

of the alternate members first appointed exceed two (2) years A vacancy occurring

otherwise than by expiration of term shall be filled by the appointing authority for the

unexpired term only.

& 132-7.

Vacancies.

If a vacancy in any class shall occur otherwise than by expiration of the Planning Board term,

it shall be filled by appointment, as above provided, for the unexpired term. Any member other than

a Class I member, after a public hearing if he requests one, may be removed by the Township Council

for cause.

& 132-8.

Organization.

The Planning Board shall elect a Chairman and a Vice Chairman from the members

of Class IV, select a Secretary who may or may not be a m em ber of the Planning

Board or a municipal employee and create and fill such other offices as may be

established by the rules and regulations of the Planning Board.

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& 132-8

EAST BRUNSWICK CODE

& 132-9

The Planning Board may employ or contract for and fix the com pensation of legal

counsel, other than the Municipal Attorney, and experts and other staff and services

as it may deem necessary, not exceeding, exclusive of gifts or grants, the amount

appropriated by the Township Council for its use.

The Planning Board shall adopt such rules and regulations as may be necessary to

carry into effect the powers granted to it by this chapter.

Minor Site Plan Committee

The minor site plan committee shall be appointed by the Chairperson of the Planning

Board and shall consist of three (3) Class IV members of the Planning Board. The

Director of the Department of Planning and Engineering or his/her designee shall

serve on the Committee as its staff liaison and consultant, without vote. The

Committee shall meet at such times as shall be required by the submission of

development applications for its review.

The Com m ittee shall recommend approval or disapproval to the Planning Board

upon such terms and conditions as may be necessary or appropriate and shall issue

a report of its recommendation to the Planning Board. Such report shall be

considered at the next regularly scheduled action meeting of the Planning Board at

which time the Planning Board shall vote to approve, to disapprove or to modify the

report of the Minor Site Plan Committee. If approved by the Planning Board, the

recommendations of the Minor Site Plan Committee shall constitute the decision of

the Planning Board on each applications contained in the report, and no further site

plan or subdivision approval shall be required or any application therein.

Any Planning Board member may require the Planning Board to consider separately

from the report of the Committee any application contained in such report upon

request made to the Chairperson of the Planning Board. Such application shall

thereupon be considered by the Planning Board and voted upon separately.

& 132-9.

Powers.

The Planning Board shall follow the provisions of c. 291, P.L. 1975 (N.J.S.A. 40:55D-1 et

seq.), and shall perform the following functions and duties:

Prepare and, after public hearing, adopt and from time to time amend a master plan

or component parts thereof, to guide the use of lands within the township in a

manner which protects public health and safety and promotes the general welfare

and which is otherwise consistent with the purposes of this chapter, as set forth in

Article I hereof, and with N.J.R.S. 40:55D-28.

Review and approve, modify or deny, with or without conditions, site plans,

subdivisions and conditional

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LAND USE PROCEDURES

& 132-11

uses and, in doing so, administer the provisions of this chapter in accordance with

the provisions of the Municipal Land Use Law, c. 291, P.L. 1975 (N.J.S.A. 40:55D-1

et seq.).

Participate in the preparation and review of programs or plans required by state or

federal law or regulations.

Assemble data on a continuing basis as part of a continuous planning process.

Prepare, annually, a program of municipal capital improvement projects projected

over a term of six (6) years, and amendments thereto and recommend same to the

Township Council.

Consider and report to the Township Council, within thirty-five (35) days after referral

to the Planning Board, as to any proposed development regulation or revision or

amendment thereto and the Zoning Ordinance and any amendment or revision

thereto submitted to it pursuant to the provisions of N.J.R.S. 40:55D-26a and

consider and pass upon other matters specifically referred to the Planning Board by

the Township Council pursuant to the provisions of N.J.R.S. 40:55D-26b.

W hen reviewing applications for approval of subdivision plats, site plans or

conditional uses, grant, to the same extent and subject to the same restrictions as

the Zoning Board of Adjustment:

Variances pursuant to N.J.S.A. 40:55D-70c from lot area, lot dimensional,

setback and yard requirements.

Direction pursuant to Article IX of this chapter for the issuance of a permit

for a building or structure not related to a street.

Perform such other advisory duties as are assigned to it by ordinance or resolution

of the Township Council for the aid and assistance of the governing body or other

agencies or township officials.

Hear and decide requests for interpretation of all township ordinances related to the

powers, functions and duties generally performed by the Planning Board, other than

the Zoning Ordinance.

& 132-10.

Conceptual Review (workshop).

At the request of an applicant, the Planning Board may informally review a concept plan for

a development. The applicant and Planning Board shall not be bound by any concept plan for which

review is requested.

& 132-11.

Additional Reference to Planning Board.

Any municipal body, including the Township Council, or any township department director or

division manager having final authority over the matters within his particular jurisdiction, before taking

final action on any matter before him relating to land use and development, may refer such

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& 132-11

EAST BRUNSWICK CODE

& 132-15

matter to the Planning Board for its recommendations, except for any matter under the jurisdiction of

the Board of Adjustment. Such reference shall not extend the time for action by the referring body

or official, if any is applicable, whether or not the Planning Board has submitted its report. W henever

the Planning Board shall make a recommendation under this subsection, such recommendation shall

be followed by the municipal body or official unless, in the case of a municipal body, the

recommendation is rejected or modified by a majority of the full authorized membership of such body.

& 132-12.

Citizen Advisory Committees.

The Mayor may appoint one (1) or more persons as citizens' advisory committees 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.

& 132-13.

Submissions of Environmental Commission.

W henever the Environmental Commission has prepared and submitted to the Planning Board

an index of the natural resources of the township (Natural Resources Inventory), the Planning Board

shall make available to the Environmental Commission an information copy of every application for

developm ent submitted to the Planning Board. Failure of the Planning Board to make such

informational copy available to the Environm ental Com m ission shall not invalidate any hearing or

proceeding.

& 132-14.

Certificates of Subdivision.

The Secretary of the Planning Board is designated as the official who shall prepare and issue

certificates as to the approval of a subdivision of land, pursuant to N.J.S.A. 40:55D-56.

& 132-15.

Notice for Rezoning. [Amended 12-11-95 by Ord. No. 95-43]

Notice by personal service or certified mail and regular mail shall be made by the East

Brunswick Township Clerk to all property owners whose land is the subject of an ordinance to rezone,

subject to the remaining provisions of this section. Notice will be given to all property owners within

200 feet of the property to be rezoned no later than ten (10) days prior to Township Council Public

hearing. If any adjacent property owner is a member of a homeowners association, notice shall be

given to the homeowners association and not to the individual owners of homes whose members

belong to the homeowners association. If more than 50 properties are the subject of the proposed

rezoning, the Township Clerk shall take a block advertisement in a newspaper advising of the

rezoning and referring to the streets which are affected. All notice shall be given prior to the public

hearing on the ordinance. Notice shall state the date, time and place of the hearing, the nature of the

matter to be considered and an identification of the affected zoning districts and proposed boundary

changes, if any, by street names, common names or other identifiable landmarks, and by reference

to lot and block numbers as shown on the current tax duplicate in the municipal tax assessor's office.

The municipal clerk shall execute affidavits of proof of service of the notices required by this section,

and shall keep the affidavits on file along with the proof of publication of the notice of the required

public hearing on the proposed zoning ordinance change. Costs of the notice provision shall be the

responsibility of the proponent of the amendment.

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& 132-16

LAND USE PROCEDURES

& 132-19

ARTICLE IV

Zoning Board

& 132-16.

Establishment.

There is hereby established, pursuant to Section 57, P.L. 1975, c. 291(N.J.R.S. 40:55D-69a),

a Zoning Board of Adjustment, also known as the "Zoning Board" or the "Board of Adjustment".

& 132-17.

Membership. [Amended 6-10-92 by Ord. No. 92-19; 3-7-05 by Ord. No.

05-03]

The Board shall consist of seven (7) members and not more than four (4) alternate members

who shall be residents of the Township of East Brunswick. Alternate members shall be designated

at the time of authority appointing them as "Alternate No. 1", "Alternate No. 2, “Alternate 3" and

“Alternate 4" as appropriate. [Amended 3-7-05 by Ord. No. 05-03]

Alternate members may participate in discussions of the proceedings, but may not vote, except in the

absence or disqualification of a regular m ember. Participation of alternate members shall not be

deemed to increase the size of the zoning board of adjustment established by ordinance of the

governing body pursuant to section 56 of P.L.1975, c.291 (C.40.55D-69). 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 members shall vote in the order of

their numerical designations. [Amended 3-7-05 by Ord. No. 05-03]

If the Board of Adjustment lacks a quorum because any of its regular or alternate members

is prohibited by section 56 of P.L.1975, c.291 (C.40:55D-69) from acting on a matter due to the

member's personal or financial interest therein, Class IV members of the Planning Board shall be

called upon to serve, for that matter only, as temporary members of the Board of Adjustment. The

Class IV members of the Planning Board shall be called upon to serve in order of seniority of

continuous service to the Planning Board until there are the minimum number of members necessary

to constitute a quorum to act upon the m atter without any personal or financial interest therein,

whether direct or indirect. If a choice has to be made between Class IV members of equal seniority,

the chairman of the Planning Board shall make the choice.

& 132-18.

Terms of Office. [Amended 3-7-05 by Ord. No. 05-03]

The members of the Board of Adjustment shall be appointed by the Township Council. The

terms of the members first appointed under this chapter shall be so determined that to the greatest

practicable extent, the expiration of such terms shall be distributed, in the case of regular members,

evenly over the first four (4) years after their appointment, and in the case of alternate members,

evenly over the first two years after their appointment; provided that the initial term of no regular

members shall exceed four years and that the initial term of no alternate member shall exceed two

years. Thereafter, the term of each member shall be four (4) years; and the term of each alternate

member shall be two years. The terms of not more than two alternate members shall expire in any

one year.

& 132-19.

Vacancies. [Amended 3-7-05 by Ord. No. 05-03]

A vacancy occurring otherwise than by expiration of a term shall be filled for the unexpired

term only. A member may, after public hearing if he requests it, be removed by the Township Council

for cause.

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& 132-20

EAST BRUNSWICK CODE

& 132-21

& 132-20.

Organization.

The Board of Adjustment shall elect a Chairman and Vice Chairman from its

members and select a Secretary who may or may not be a member of the Board of

Adjustment or a municipal employee.

The Board of Adjustment may employ or contract for and fix the compensation of

legal counsel, other than the Municipal Attorney. The Zoning Board of Adjustment

may also employ or contract for and fix the compensation of such experts and other

staff and services as it may deem necessary. The Board shall not authorize

expenditures which exceed, exclusive of gifts or grants, the amount appropriated by

the Township Council for its use.

The Board of Adjustment shall adopt such rules and regulations

as may be necessary to carry into effect the powers granted to it by this chapter.

& 132-21.

Powers. [Amended 6-10-92 by Ord. No. 92-19]

The Board of Adjustment shall have the power to:

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 the Director of Planning and

Engineering or his designee, based on or made in the enforcement of the zoning

ordinance.

Hear and decide requests for interpretation of the Zoning Map or Zoning Ordinance,

or for decisions upon other special questions upon which such Board is authorized

to pass by the Zoning Ordinance or Official Map ordinance in accordance with this

act.

C.

1.

W here (a) by reason of exceptional narrowness, shallowness or shape of a

specific piece of property; or (b) by reason of exceptional topographic

conditions or physical features uniquely affecting a specific piece of property;

or (c) by reason of an extraordinary and exceptional situation uniquely

affecting a specific piece of property or structures lawfully existing thereon,

the strict application of any zoning regulation 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;

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& 132-21

LAND USE PROCEDURES

& 132-21

W here 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 N.J.S.A. 40:55D-62 et seq; provided; however, that no variance

from those departures enumerated in subsection d. of this section shall be

granted 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

N.J.S.A. C. 40:55D-60a.

In particular cases and for special reasons grant a variance to allow departure from

regulations pursuant to N.J.S.A.40:55D-62-68, 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 C:40:55D-67 pertaining solely to a conditional use, (4) an increase in the

permitted floor area ratio as defined in C.40:55D-4, (5) an increase in the permitted

density as defined in C.40:55D-4 except as applied to the required lot area for a lot

or lots for detached one or two 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 10 feet or 10% the maximum height permitted

in the district for a principal structure. A variance under this subsection shall be

granted only by affirmative vote of at least five members.

If an application for development requests one or more variances but not a variance

for a purpose enumerated in subsection d. of this section, the decision on the

requested variance or variances shall be rendered under subsection c. of this

section.

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 will not substantially impair the intent and the purpose of the zone

plan and zoning ordinance. In respect of any airport hazard area delineated under

the "Air Safety and Hazardous Zoning Act of 1983, N.J.S. 6:1-80", no variance or

other relief may be granted under the terms of this Section permitting the creation or

establishment of a non-conforming use which would be prohibited under the

standards promulgated pursuant to that Act except upon issuance of a permit by the

Commissioner of Transportation. An 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 Zoning Board of Adjustment shall act.

[Amended 6-10-92 by Ord. No. 92-19]

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& 132-21

EAST BRUNSWICK CODE

& 132-23

Grant to the same extent and subject to the same restrictions as the Planning Board,

subdivision or site plan approval pursuant to this chapter or conditional use approval

pursuant to this chapter whenever the Board of Adjustment is reviewing an

application for approval of a use variance pursuant to Subsection (d) above.

Render advisory opinions regarding the interpretation, application and enforcement

of the Zoning Ordinance upon request of the Planning Board, the Director of

Planning and Engineering or his designee or other township officials.

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