& 132-6 LAND USE PROCEDURES - The Township of East Brunswick was established in 1860. Since January 1, 1965, the
LAND USE PROCEDURES
Terms of Office.
The term of the Mayor shall correspond to his official tenure.B.
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 theEnvironmental 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 Adjustmentor 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 beso 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 termsof 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.
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
The Planning Board shall elect a Chairman and a Vice Chairman from the membersof 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.
EAST BRUNSWICK CODE
The Planning Board may employ or contract for and fix the com pensation of legalcounsel, 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 tocarry into effect the powers granted to it by this chapter.
Minor Site Plan CommitteeThe 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.
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 planor 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
LAND USE PROCEDURES
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
Participate in the preparation and review of programs or plans required by state orfederal law or regulations.
Assemble data on a continuing basis as part of a continuous planning process.E.
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
Consider and report to the Township Council, within thirty-five (35) days after referralto 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 orconditional 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 permitfor a building or structure not related to a street.
Perform such other advisory duties as are assigned to it by ordinance or resolutionof 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 thepowers, functions and duties generally performed by the Planning Board, other than
the Zoning Ordinance.
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.
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
EAST BRUNSWICK CODE
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.
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.
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
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.
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.
LAND USE PROCEDURES
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".
Membership. [Amended 6-10-92 by Ord. No. 92-19; 3-7-05 by Ord. No.
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.
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
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
EAST BRUNSWICK CODE
The Board of Adjustment shall elect a Chairman and Vice Chairman from itsmembers 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 oflegal 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 regulationsas may be necessary to carry into effect the powers granted to it by this chapter.
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 errorin 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
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
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;
LAND USE PROCEDURES
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 fromregulations 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
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]
EAST BRUNSWICK CODE
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 enforcementof 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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