[HISTORY: Adopted by the Council of the Borough of Milford
by Ord. No. 219-77. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Land Use
Procedures Ordinance of the Borough of Milford."
[Amended 3-2-1987 by Ord. No. 401-87]
There is hereby established, pursuant to P.L. 1975, c. 291,
N.J.S.A. 40:55D-1 et seq., in the Borough a Joint Land Use Board of
nine members consisting of the following four classes:
A.
Class I: the Mayor.
B.
Class II: one of the officials of the Borough, other than a member
of the Borough Council, to be appointed by the Mayor, provided that,
if there is an Environmental Commission, the member of the Environmental
Commission who is also a member of the Joint Land Use Board as required
by N.J.S.A. 40:56A-1 shall be deemed to be the Class II Joint Land
Use Board member if there is a member of the Board of Education among
the Class IV members.
C.
Class III: a member of the Council to be appointed by it.
D.
Class IV: six other citizens of the Borough to be appointed by the
Mayor.
(1)
The members of Class IV shall hold no other Borough office, position
or employment, except that one member may be a member of the Historic
Preservation Commission, and one may be a member of the Board of Education.
(2)
A member of the Environmental Commission who is also a member of
the Joint Land Use Board as required by N.J.S.A. 40:56A-1 shall be
a Class IV Joint Land Use Board member unless there are among the
Class IV members of the Joint Land Use Board both a member of the
Historic Preservation Commission and a member of the Board of Education,
in which case the member of the Environmental Commission shall be
deemed to be a Class II member of the Joint Land Use Board.
(3)
For the purposes of this subsection, membership on a Borough board
or commission whose function is advisory in nature and the establishment
of which is not required by statute shall not be considered the holding
of a Borough office.
[Added 5-2-1988 by Ord. No. 504-88]
A.
The Mayor may appoint not more than four alternate members of the
Joint Land Use Board. Such alternate members shall meet the qualifications
of Class IV members. Alternate members shall be designated at the
time of appointment by the Mayor as "Alternate No. 1," "Alternate
No. 2," "Alternate No. 3" and "Alternate No. 4." The terms of the
alternate members shall be for two years, except that the term of
not more than two alternate members shall expire in any one year;
provided, however, that in no instance shall the terms of the alternate
members first appointed exceed two years. A vacancy occurring otherwise
than by the expiration of a term shall be filled by the Mayor for
the unexpired term only.
[Amended 7-9-2001 by Ord. No. 663-2001]
B.
Alternate members may participate in discussions of the proceedings
but may not vote except in the absence or disqualification of a regular
member of any class. 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
No. 1 shall vote.
C.
No alternate member shall be permitted to act on any matter in which
he has, either directly or indirectly, any personal or financial interest.
An alternate member may, after a public hearing if he requests one,
be removed by the governing body for cause.
[Amended 3-2-1987 by Ord. No. 401-87]
A.
The term of the member composing Class I shall correspond with his
official tenure. The terms of the members composing Class II and Class
III shall be for one year or 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 III or Class IV member who is also a member of the
Environmental Commission shall be for three years or terminate at
the completion of his term of office as a member of the Environmental
Commission, whichever occurs first.
B.
The term of a Class IV member who is also a member of the Board of
Education shall terminate whenever he is no longer a member of such
other body or at the completion of his Class IV term, whichever occurs
first.
C.
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 years after their appointment, as determined by resolution
of the Borough, provided that no term of any member shall exceed four
years, and further provided that nothing herein shall affect the terms
of any present members of the Joint Land Use 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 years, except as otherwise hereinabove provided.
All terms shall run from January 1 of the year in which the appointment
is made.
If a vacancy in any class shall occur otherwise than by the
expiration of a 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 Borough
Council for cause.
The Joint Land Use Board shall elect a Chair and Vice Chair
from the members of Class IV and select a Secretary, who may be either
a member of the Joint Land Use Board or a Borough employee designated
by it. The Secretary of the Joint Land Use Board shall also serve
as the Clerk of the Joint Land Use Board.
There is hereby created the office of Joint Land Use Board Attorney.
The Joint Land Use Board may annually appoint, fix the compensation
of or agree upon the rate of compensation of the Joint Land Use Board
Attorney, who shall be an attorney other than the Borough Attorney.
In addition, the Joint Land Use Board may also employ or contract
for the services of experts and other staff and services as it may
deem necessary. The Board shall not, however, exceed, exclusive of
gifts or grants, the amount appropriated by the Borough Council for
its use.
[Amended 3-2-1987 by Ord. No. 401-87]
The Joint Land Use Board is authorized to adopt bylaws governing
its procedural operation. It shall also have the following powers
and duties:
A.
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 participate in the preparation and review of programs or plans
required of the Joint Land Use Board by state or federal law or regulations.
D.
To assemble data on a continuing basis as part of a continuous planning
process.
E.
To prepare annually a program of Borough capital improvement projects
projected over a term of six years and amendments thereto and recommend
such to the Borough Council.
F.
To consider and make report to the Borough Council within 35 days
after referral as to any proposed development regulations submitted
to it pursuant to the provisions of N.J.S.A. 40:55D-26a and also pass
upon other matters specifically referred to the Joint Land Use Board
by the Borough Council, pursuant to the provisions of N.J.S.A. 40:55D-26b.
G.
To perform such other advisory duties as are assigned to it by ordinance
or resolution of the Borough Council for the aid and assistance of
the Borough Council or other agencies or officers.
H.
To exercise, to the same extent and subject to the same restrictions, all the powers of a Joint Land Use Board pursuant to N.J.S.A. 40:55D-69 et seq., and any amendment, revision or supplement thereto, provided that the Class I and Class III members shall not participate in the consideration of applications for development which involve relief pursuant to § 19-18C(3).
[Amended 3-2-1987 by Ord. No. 401-87]
Minor subdivision approval shall be granted or denied within
45 days of the date of submission of a complete application to the
Joint Land Use Board or within such further time as may be consented
to by the applicant. Approval of a minor subdivision shall expire
190 days from the date of Joint Land Use Board approval, unless, within
such period, a plat in conformity with such approval and the provisions
of the Map Filing Law[1] or a deed clearly describing the approved minor subdivision
is filed by the developer with the County Recording Officer, the Borough
Engineer and the Borough Tax Assessor. Any such plat or deed must
be signed by the Chair and Secretary of the Joint Land Use Board before
it will be accepted for finding by the County Recording Officer.
[1]
Editor's Note: See N.J.S.A. 46:26B-1 et seq.
A.
Preliminary approval. Upon submission of a complete application for
a subdivision of 10 or fewer lots, the Joint Land Use Board shall
grant or deny preliminary approval within 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 a subdivision
of more than 10 lots, the Joint Land Use Board shall grant or deny
preliminary approval within 95 days of the date of such submission
or within such further time as may be consented to by the developer.
Otherwise, the Joint Land Use Board shall be deemed to have granted
preliminary approval for the subdivision.
B.
Final approval.
(1)
An application for final subdivision approval shall be granted or
denied within 45 days of submission of a complete application or within
such further time as may be consented to by the applicant.
(2)
Approval of a major subdivision shall expire 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 County Recording Officer.
The Joint Land Use Board may, for good cause shown, extend the period
for recording for an additional period not to exceed 190 days from
the date of the signing of the plat.
C.
Variances and direction of issuance of permits.
(1)
The Joint Land Use Board shall render its decision not later than
120 days after the date an appeal is taken from the decision of an
administrative officer or the submission of a complete application
to the Joint Land Use Board for a variance or direction for issuance
of a permit.
(2)
Whenever an application for approval of a subdivision plat, site plan or conditional use includes a request for relief pursuant to § 19-18C(3) or (4), D or E, the Joint Land Use Board shall grant or deny approval of the application within 120 days after submission by the developer of a complete application to the Joint Land Use Board or within such further time as may be consented to by the applicant. In the event that the developer elects to submit separate consecutive applications, the aforesaid provision shall apply to the application for approval of the variance or direction for issuance of a permit. The period for granting or denying subsequent approval shall be as otherwise provided in this chapter. Failure of the Joint Land Use Board to act within the period prescribed shall constitute approval of the application, and a certificate of the administrative officer as to the failure of the Joint Land Use Board to act shall be issued on request of the applicant.
D.
Complete applications.
(1)
A complete application is an application form completed as specified by ordinance and the rules and regulations of the municipal agency and all accompanying documents required by ordinance for approval of the application for development, including, where applicable, but not limited to a site plan or subdivision plat meeting all the criteria set forth in Chapters 170 and 190 of this Code. An application shall be certified as complete immediately upon the meeting of all requirements specified therein and in the rules and regulations of the municipal agency and shall be deemed complete as of the day it is so certified by the Clerk of the Joint Land Use Board for purposes of the commencement of the time period for action by the municipal agency.
(2)
In the event that the Clerk does not certify the application to be
complete within 45 days of the date of its submission, the application
shall be deemed complete upon the expiration of the forty-five-day
period for purposes of commencing the applicable time period, unless
the application lacks information indicated on a checklist adopted
by ordinance and provided to the applicant and the Clerk has notified
the applicant, in writing, of the deficiencies in the application
within 45 days of submission of the application. The applicant may
request that one or more of the submission requirements be waived,
in which event the agency or its authorized committee shall grant
or deny the request within 45 days. Nothing herein shall be construed
as diminishing the applicant's obligation to prove in the application
process that he is entitled to approval of the application. The municipal
agency may subsequently require correction of any information found
to be in error and submission of additional information not specified
in this chapter or any revisions in the accompanying documents as
are reasonably necessary to make an informed decision as to whether
the requirements necessary for approval of the application for development
have been met. The application shall not be deemed incomplete for
lack of any such additional information or any revisions in the accompanying
documents so required by the municipal agency.
[Amended 3-2-1987 by Ord. No. 401-87]
A.
Applications for development within the jurisdiction of the Joint
Land Use Board pursuant to the provisions of Article 6 of P.L. 1975,
c. 291, N.J.S.A. 40:55D-37 et seq., and applications addressed to
the original jurisdiction of the Joint Land Use Board without prior
application to an administrative officer pursuant to Article 9 of
P.L. 1975, c. 291, N.J.S.A. 40:55D-69 et seq., shall be filed with
the Secretary of the Joint Land Use Board. The applicant shall file,
at least 14 days before the date of the monthly meeting of the Board,
13 copies of a sketch plat; 13 copies of applications for minor subdivision
approval; 13 copies of applications for major subdivision approval
or 13 copies of an application for site plan review, conditional use
approval or planned development; and 13 copies of an application for
a variance or for direction for issuance of a permit. At the time
of filing the application, but in no event less than 10 days prior
to the date set for hearing, the applicant shall also file all plot
plans, maps or other papers required by virtue of any provision of
this chapter or any rule of the Joint Land Use Board. The applicant
shall also obtain all necessary forms from the Secretary of the Joint
Land Use Board. The Secretary of the Board shall inform the applicant
of the steps to be taken to initiate applications and of the regular
meeting dates of the Board.
B.
When an application for development requiring approval of a subdivision, site plan or conditional use also contains a request for a variance or direction of the issuance of a permit, the developer may elect to submit a separate application requesting approval of the variance or direction of the issuance of a permit and a subsequent application for any required approval of a subdivision, site plan or conditional use. Notice of the hearing on the application for development shall include reference to the request for a variance or permit, as the case may be. The separate approval of the variance or direction of the issuance of a permit shall be conditioned upon the granting of all required subsequent approvals by the Joint Land Use Board. 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 Chapter 190, Zoning.
C.
Appeals to the Joint Land Use Board may be taken by any interested party affected by any decision of an administrative officer based on or made in the enforcement of Chapter 190, Zoning, or the Official Map. Each appeal shall be taken within 20 days by filing a notice of appeal with the officer from whom the appeal was taken, together with 13 copies of such notice with the Secretary of the Joint Land Use Board. Such notice of appeal shall specify the grounds for the appeal. The officer from whom the appeal was taken shall forthwith transmit to the Joint Land Use Board all the papers constituting the record upon which the action appealed from was taken.
The Mayor may appoint one or more persons as a Citizens'
Advisory Committee to assist or collaborate with the Joint Land Use
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.
Whenever the Environmental Commission has prepared and submitted
to the Joint Land Use Board an index of the natural resources of the
Borough, the Joint Land Use Board shall make available to the Environmental
Commission an informational copy of every application for development
to the Joint Land Use Board. Failure of the Joint Land Use Board to
make such informational copy available to the Environmental Commission
shall not invalidate any hearing or proceeding.
The Board shall adopt such rules and regulations as may be necessary
to carry into effect the provisions and purposes of this chapter.
In the issuance of subpoenas, administration of oaths and taking of
testimony, the provisions of the County and Municipal Investigations
Law of 1953, N.J.S.A. 2A:67A-1 et seq., shall apply.
[Amended 3-2-1987 by Ord. No. 401-87]
A.
The powers of the Joint Land Use Board shall be in accordance with
N.J.S.A. 40:55D-69 et seq., and amendments and supplements thereto,
and with the provisions of this chapter.
B.
It is further the intent of this chapter to confer upon the Joint
Land Use Board as full and complete powers as may lawfully be 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.
C.
The Joint Land Use Board may, in appropriate cases and subject to appropriate conditions and safeguards, grant variances from the terms of Chapter 190, Zoning, in accordance with the general or specific rules contained herein and with the general rules hereby laid down, so that equity shall be done in cases where the strict construction of the provisions of Chapter 190, Zoning, would work undue hardship. The Joint Land Use Board, its powers and duties having been delegated to and imposed upon it by statute, shall in all cases follow the provisions applicable to it in P.L. 1975, c. 291, N.J.S.A. 40:55D-1 et seq., or subsequent statutes in such case made and provided, and it shall, from time to time, 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 Joint Land Use Board for its decision thereon.
Any variance from the terms of Chapter 190, Zoning, hereafter granted by the Joint Land Use Board permitting the erection or alteration of any 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 such variance or unless such permitted use has actually been commenced within nine months from the date of the entry of the judgment of determination of the Joint Land Use Board, except that the running of the period of limitation herein provided shall be tolled from the date of filing of an appeal from the decision of the Joint Land Use Board to the Borough Council or to a court of competent jurisdiction until the termination, in any manner, of such appeal or proceeding.
The Joint Land Use Board shall have such powers as are granted
by law:
A.
To hear and decide appeals where it is alleged by the appellant that there is error in any order, requirement, decision or refusal made by an administrative official or agency based on or made in the enforcement of Chapter 190, Zoning.
B.
C.
To grant variances:
(1)
Where, by reason of exceptional narrowness, shallowness or shape of a specific piece of property, by reason of exceptional topographic conditions or physical features uniquely affecting a specific piece of property or 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 regulation in Chapter 190, Zoning, would result in peculiar and exceptional practical difficulties to or exceptional and undue hardship upon the developer of such property, to grant, upon an application or an appeal relating to such property, a variance from such strict application so as to relieve such difficulties or hardship.
(2)
Where, in an application or appeal relating to a specific piece of property, the purposes of the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., would be advanced by a deviation from the requirements of Chapter 190, Zoning, and the benefits of the deviation would substantially outweigh any detriment, to grant a variance to allow a departure from regulations pursuant to Chapter 190, Zoning; provided, however, that no variance from those departures enumerated in Subsection C(3) shall be granted under this subsection.
(3)
In particular cases and for special reasons, to grant a variance to allow departure from regulations pursuant to Chapter 190, Zoning, to permit a use or principal structure in a district restricted against such use or principal structure, an expansion of a nonconforming use, deviation from a specification or standard pursuant to Section 54 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-67), pertaining solely to a conditional use, an increase in the permitted floor area ratio as defined in Section 3.1 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-4), or an increase in the permitted density as defined in Section 3.1 of P.L. 1975, c. 291 (N.J.S.A. 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. The Class I and Class III members of the Joint Land Use Board shall not participate in the consideration of applications for development which involve relief pursuant to this subsection. A variance under this subsection shall be granted only by the affirmative vote of at least five of the remaining members of the Board.
(4)
No variance or other relief may be granted under the provisions of this subsection 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 Chapter 190, Zoning. Any application under any subsection of this Subsection C or Subsections D and E 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 Joint Land Use Board shall act.
D.
To direct issuance of a permit pursuant to N.J.S.A. 40:55D-34 for
a building or structure in the bed of a mapped street or public drainageway,
flood-control basin or public area reserved on the Official Map.
E.
To direct issuance of a permit pursuant to N.J.S.A. 40:55D-36 for
a building or structure not related to a street.
[Amended 3-2-1987 by Ord. No. 401-87]
No member of the Joint Land Use Board shall act on any matters
in which he has, either directly or indirectly, any personal or financial
interest. Whenever any such member shall disqualify himself from acting
on a particular matter, he shall not continue to sit with the Board
on the hearing of such matter nor participate in any discussion or
decision relating thereto.
[Amended 3-2-1987 by Ord. No. 401-87]
A.
Scheduled meetings. Meetings of the Joint Land Use Board shall be
scheduled no less often than once a month, and any meeting so scheduled
shall be held as scheduled unless canceled for lack of applications
for development to process.
B.
Special meetings. Special meetings may be provided for at the call
of the Chair or on the request of any two Board members, which shall
be held on notice to its members and the public in accordance with
all applicable legal requirements.
C.
Quorum required. No action shall be taken at any meeting without
a quorum being present.
D.
Majority vote of quorum. All actions shall be taken by a majority
vote of a quorum except as otherwise required by any provision of
P.L. 1975, c. 291, N.J.S.A. 40:55D-1 et seq.
E.
Open to the public. All regular meetings and all special meetings
shall be open to the public. Notice of all such meetings shall be
given in accordance with the requirements of the Open Public Meetings
Law, P.L. 1975, c. 231, N.J.S.A. 10:4-6 et seq. An executive session
for the purpose of discussing and studying any matters to come before
the Board shall not be deemed a regular or special meeting in accordance
with the provisions of N.J.S.A. 40:55D-9.[1]
F.
Minutes. Minutes of every regular or special meeting shall be kept
and shall include the names of the persons appearing and addressing
the Board and of the persons appearing by attorney, the action taken
by the Board, the findings, if any, made by it and reasons therefor.
The minutes shall thereafter be made available for public inspection
during normal business hours at the office of the Borough Clerk. Any
interested party shall have the right to compel production of the
minutes for use as evidence in any legal proceeding concerning the
subject matter of such minutes. Such interested party may be charged
a fee for reproduction of the minutes for his use as provided for
in the rules of the Board.
[Amended 6-6-1977 by Ord. No. 225-77; 5-3-1982 by Ord. No. 277-82; 5-6-1985 by Ord. No. 295-85; 3-2-1987 by Ord. No. 401-87; 9-10-1990 by Ord. No.
541-90; 5-6-1991 by Ord. No. 550-91[1]]
Every application for development made to the Milford Borough Joint Land Use Board or to the Milford Borough Common Council, as the case may be, shall be accompanied by the fees set forth in Chapter 20, Land Use Fees, of this Code.
[Amended 3-2-1987 by Ord. No. 401-87]
A.
Rules. The Joint Land Use Board may make rules governing the conduct
of hearings, which rules shall not be inconsistent with the provisions
of N.J.S.A. 40:55D-1 et seq. or of this chapter.
B.
Oaths. The officer presiding at the hearing or such person as he
may designate shall have power to administer oaths and issue subpoenas
to compel the attendance of witnesses and the production of relevant
evidence, including witnesses and documents presented by the parties,
and the provisions of the County and Municipal Investigations Law,
P.L. 1953, c. 38, N.J.S.A. 2A:67A-1 et seq., shall apply.
C.
Testimony. The testimony of all witnesses relating to an application
for development shall be taken under oath or affirmation by the presiding
officer, and the right of cross-examination shall be permitted to
all interested parties through their attorneys, if represented, or
directly, if not represented, subject to the discretion of the presiding
officer and to reasonable limitations as to time and the number of
witnesses.
D.
Evidence. Technical rules of evidence shall not be applicable to
the hearing, but the Board may exclude irrelevant, immaterial or unduly
repetitious evidence.
E.
Records. The Joint Land Use Board shall provide for the verbatim
recording of the proceedings by either stenographic, mechanical or
electronic means. The Board shall furnish a transcript or duplicate
recording in lieu thereof on request to any interested party at his
expense.
F.
Absence of Board member. When any hearing before the Joint Land Use
Board shall carry over two or more meetings, a member of the Board
who was absent for one or more of the meetings shall be eligible to
vote on the matter upon which the hearing was conducted, notwithstanding
his absence from one or more of the meetings, provided that such Board
member has available to him a transcript or a recording of the meeting
from which he was absent and certifies, in writing, to the Board that
he has read such transcript or listened to such recording.
[Amended 3-2-1987 by Ord. No. 401-87]
Whenever a hearing is required on an application for development
pursuant to N.J.S.A. 40:55D-1 et seq., the applicant shall give notice
thereof as follows:
A.
Public notice in newspaper. Public notice shall be given by publication
in the official newspaper of the Borough at least 10 days prior to
the date of the hearing.
B.
Property owners.
(1)
Notice shall be given to the owners of all real property, as shown
on the current tax duplicate or duplicates, located within 200 feet
in all directions of the property which is the subject of such hearing
and whether located within or without the municipality in which the
applicant's land is located. Such notice shall be given by one
of the following:
(2)
A return receipt is not required. Notice to a partnership owner may
be made by service upon any partner. Notice to a corporate owner may
be made by service upon its president, vice president, secretary or
other person authorized by appointment or by law to accept service
on behalf of the corporation.
C.
Adjoining municipality. Notice of all hearings on applications for development involving property located within 200 feet of an adjoining municipality shall be given, by personal service or certified mail, to the clerk of such municipality, which notice shall be in addition to the notice required to be given pursuant to Subsection B of this section to the owners of lands in such adjoining municipality which are located within 200 feet of the subject premises.
D.
County Planning Board. Notice shall be given, by personal service
or certified mail, to the County Planning Board of a hearing on an
application for development of property adjacent to an existing county
road or proposed road shown on the Official County Map or on the County
Master Plan, adjoining other county land or situate within 200 feet
of a municipal boundary.
E.
Commissioner of Transportation. Notice shall be given, by personal
service or certified mail, to the Commissioner of Transportation of
a hearing on an application for development of property adjacent to
a state highway.
F.
State Planning Commission. Notice shall be given, by personal service
or certified mail, to the State Planning Commission of a hearing on
an application for development of property which exceeds 150 acres
or 500 dwelling units. The notice shall include a copy of any maps
or documents required to be on file with the Borough Clerk pursuant
to Section 6b of P.L. 1975, c. 291, N.J.S.A. 40:55D-10.[1]
G.
Time limit; proof of service. All notices hereinabove specified in
this section shall be given at least 10 days prior to the date fixed
for the hearing, and the applicant shall file an affidavit of proof
of service with the Board.
H.
Completion of notice. Any notice made by certified mail as hereinabove
required shall be deemed complete upon mailing in accordance with
the provisions of N.J.S.A. 40:55D-14.
I.
Form of notice. All notices required to be given pursuant to the
terms of this chapter shall state the date, time and place of the
hearing, the nature of the matters to be considered and identification
of the property proposed for development by street address, if any,
or by reference to lot and block numbers as shown on the current tax
duplicate in the Borough Tax Assessor's office and the location
and times at which any maps and documents for which approval is sought
are available as required by law.
J.
Maps and documents. Any maps and documents for which approval is
sought at a hearing shall be on file and available for public inspection
at least 10 days before the date of the hearing, during normal business
hours, in the office of the Borough Clerk.
[Amended 7-6-1992 by Ord. No. 565-92[1]]
Pursuant to the provisions of N.J.S.A. 40:55D-12c, the Tax Assessor of the Borough shall, within seven days after receipt of a request therefor and upon receipt of payment of a fee as prescribed in Chapter 20, Land Use Fees, of this Code, make and certify a list from the current tax duplicate of the names and addresses of owners to whom the applicant is required to give notice pursuant to § 19-23B.
A.
Written as Board resolution. Each decision on any application for
development shall be set forth in writing as a resolution of the Board,
which shall include findings of fact and legal commissions based thereon.
B.
Copies. A copy of the decision shall be mailed by the Board, within
10 days of the date of decision, to the applicant or, if represented,
then to his attorney without separate charge. A copy of the decision
shall also be mailed to all persons who have requested it and who
have paid the fee prescribed by the Board for such service. A copy
of the decision shall also be filed in the office of the Borough Clerk,
who shall make a copy of such filed decision available to any interested
party upon payment of a fee calculated in the same manner as those
established for copies of other public documents in the Borough.
[Amended 3-2-1987 by Ord. No. 401-87]
A brief notice of every final decision shall be published in
the official newspaper of the Borough. Such publication shall be arranged
by the Secretary of the Joint Land Use Board without separate charge
to the applicant. Such notice shall be sent to the official newspaper
for publication within 10 days of the date of any such decision.
[Amended 3-2-1987 by Ord. No. 401-87]
Pursuant to the provisions of N.J.S.A. 40:55D-39 and 40:55D-65,
every application for development submitted to the Joint Land Use
Board shall be accompanied by proof that no taxes or assessments for
local improvements are due or delinquent on the property which is
the subject of such application, or if it is shown that the taxes
or assessments are delinquent on the property, any approvals or other
relief granted by the Joint Land Use Board shall be conditioned upon
either the prompt payment of such taxes or assessments or the making
of adequate provision for the payment thereof in such manner that
the Borough will be adequately protected.
[Amended 3-2-1987 by Ord. No. 401-87]
A.
Fees. An appeal shall be accompanied by a filing fee as prescribed in Chapter 20, Land Use Fees, of this Code. The applicant shall deposit with the Borough Clerk, prior to the hearing, funds sufficient to cover the cost of producing a transcript of the hearing, which may include the fee for a certified shorthand reporter, and the cost of publication of the decision in the matter, which amounts shall be estimated by the Clerk.[1]
B.
Stay of proceedings. An appeal stays all proceedings in furtherance
of the action in respect to which the decision appealed from was made,
unless the officer from whom the appeal is taken certifies to the
Joint Land Use Board, after the notice of appeal shall have been filed
with him, that, by reason of facts stated in the certificate, a stay
would, in his opinion, cause imminent peril to life or property. In
such case, proceedings shall not be stayed otherwise than by a restraining
order, which may be granted by the Joint Land Use Board or by the
Superior Court of New Jersey on application or notice to the officer
from whom the appeal is taken and on due cause shown.
C.
In exercising the above-mentioned power, the Joint Land Use Board
may, in conformity with the provisions of P.L. 1975, c. 291, N.J.S.A.
40:55D-1 et seq., or amendments thereto or subsequent statutes applying,
reverse or affirm, wholly or partly, or may modify the order, requirement,
decision or determination appealed from and make such other requirement,
decision or determination as ought to be made and, to that end, have
all the powers of the administrative officer from whom the appeal
was taken.
An appeal from any final decision of the Joint Land Use Board granting a variance pursuant to the provisions of § 19-18C(3) may be taken to the Borough Council, provided that such appeal shall be made within 10 days of the date of publication of such final decision of the Joint Land Use Board. Such appeal shall be made in accordance with the provisions of N.J.S.A. 40:55D-17.
Whenever a term is used in this chapter which is defined in
P.L. 1975, c. 291, N.J.S.A. 40:55D-1 et seq., such term is intended
to have the meaning set forth in the definition of such term found
in the statute, unless a contrary intention is clearly expressed from
the context of this chapter.
Pursuant to P.L. 1976, c. 115, all provisions of the ordinance
known as "An Ordinance Limiting and Confining to Specific Zones Within
the Borough of Milford Certain Buildings and Uses of Land and Buildings
and Providing Penalties for the Violation Thereof," adopted on the
third day of May 1976, and the ordinance known as the "Land Subdivision
Ordinance of the Borough of Milford in the County of Hunterdon. An
Ordinance Establishing Rules, Regulations and Standards Governing
the Subdivision of Land Within the Borough of Milford Pursuant to
the Authority Set Forth in Chapter 433 of the Laws of 1953 and Amendments
and Supplements Thereto; Setting Forth the Procedure to be Followed
by the Planning Board in Applying and Administering These Rules, Regulations
and Standards; and Providing Penalties for the Violation Thereof,"
adopted on the 14th day of August 1961, and all amendments thereto,
are readopted to the extent that such ordinances are not inconsistent
with the provisions of this chapter. Three copies of the text and
maps of the ordinances referred to herein are filed in the office
of the Borough Clerk and are available for public inspection until
final action upon this chapter implementing P.L. 1975, c. 291, N.J.S.A.
40:55D-1 et seq., and the readoption of such ordinances has been accomplished.[1]
All applications for development filed prior to the effective
date of this chapter may be continued, but any appeals arising out
of decisions made on any such application shall be governed by the
provisions of this chapter.
Immediately upon the adoption of this chapter, the Borough Clerk shall file a copy of this chapter with the County Planning Board as required by law. The Clerk shall also file with the County Planning Board copies of all other ordinances of the Borough relating to land use, such as Chapter 170, Subdivision of Land, and Chapter 190, Zoning.
