A.
Establishment. There is established in the Borough,
pursuant to N.J.S.A. 40:55D-1 et seq., and in particular N.J.S.A.
40:55D-25, Subsection e, the Municipal Land Use Law, a Planning Board
of nine members, consisting of following classes:
(1)
Class I. The Mayor.
(2)
Class II. One of the officials of the Borough other
than a member of the Borough Council to be appointed by the Mayor.
(3)
Class III. A member of the Borough Council to be appointed
by the Borough Council.
(4)
Class IV. Other citizens of the Borough, to be appointed
by the Mayor. The members of Class IV shall hold no other municipal
office, position or employment. No member of the Board of Education
may be a Class IV member of the Board, except that in the case of
a nine-member Board, one Class IV member may be a member of the Board
of Education. For the purpose of this section, membership on a municipal
Board or commission whose function is advisory in nature, and the
establishment of which is discretionary and not required by statute,
shall not be considered the holding of municipal office.
(5)
Alternates. The Mayor shall appoint not more than
two alternate members. The alternate members shall meet the qualifications
of Class IV members of nine-member Planning Boards. Alternate members
shall be designated at the time of the appointment by the Mayor as
"Alternate No. 1" and "Alternate No. 2." 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.
B.
Terms.
(1)
The term of the member composing Class I shall correspond
to 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. 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, which ever occurs first.
The terms of all Class IV members first appointed under 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, provided that the initial Class
IV term of no member shall exceed four years. Thereafter, the Class
IV term of each such member shall be four years.
(2)
The terms of the alternate members shall be for two
years, except that the terms of the alternate members shall be such
that the term of not more than one alternate member shall expire in
any one year; provided, however, that in no instance shall the terms
of the alternate members first appointed exceed two years.
(3)
All terms shall run from January 1 of the year in
which the appointment was made.
C.
Conflict of interest. No member or alternate member
of the Board shall be permitted to act on any matter in which he or
she has, either directly or indirectly, any personal or financial
interest.
D.
Vacancies. If a vacancy of any class shall occur otherwise
than by expiration of term, it shall be filled by appointment as above
provided for the unexpired term.
E.
Removal. Any member or alternate member other than
a Class I member, after a public hearing if he or she requests one,
may be removed by the Borough Council for cause.
F.
Organization of Board. The Board shall elect a Chairman
and Vice Chairman from the members of Class IV and select a secretary
who may be either a member of the Board or a Borough employee designated
by it.
G.
Board Attorney. There is created the office of Joint
Land Use Board Attorney. The Board may annually appoint such attorney,
who shall be licensed in the State of New Jersey, and who shall not
be the Borough Attorney. The Board Attorney shall receive such compensation
as fixed by the Board and shall not exceed the amount appropriated
by the Borough Council for such purpose.
H.
Experts and staff. The 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 or funds received under N.J.S.A. 40:55D-53.1.
I.
Powers and duties generally. The Board shall be authorized
to adopt bylaws governing its procedural operation. It shall also
have the following powers and duties:
(1)
To make and adopt and from time to time amend a Master
Plan for the physical development of the Borough, in accordance with
the provisions of N.J.S.A. 40:55D-28.
(2)
To administer the provisions of the land subdivision
and site plan ordinance of the Borough in accordance with the provisions
of such ordinance and the Municipal Land Use Law.
(3)
To issue permits for conditional uses.
(a)
The term "conditional use" shall mean a use
permitted in a particular zoning district only upon a showing that
such use in a specified location will comply with the conditions and
standards of the location or operation of such use as contained in
the Borough Zoning Ordinance, as amended, and upon the issuance of
an authorization therefor by the Board.
(b)
The Board shall either issue or deny issuance
of a conditional use permit within 95 days of submission of a complete
application therefor, by a developer to the Clerk, or within such
further time as may be consented to by the applicant. The review by
the Board of a conditional use shall include any required site plan
review. The time period for action by the Board on conditional uses
shall apply to such site plan review.
(c)
Failure of the Board to act within the period
prescribed shall constitute approval of the application, and a certificate
of the Clerk as to the failure of the Board to act shall be issued
on request of the applicant, and it shall be sufficient in lieu of
the written endorsement or other evidence of approval, herein required.
(4)
To participate in the preparation and review of progress
or plans required by state or federal law or regulation.
(5)
To assemble data on a continuing basis as part of
a continuing planning process and to submit a report annually to the
Borough Council thereon.
(6)
To annually prepare a program of Borough capital improvement
projects projected over a term of six years, and amendments thereto,
and recommend same to the Borough Council.
(7)
To consider and report to the Borough Council within
35 days after referral, regarding any proposed development regulation
submitted to it pursuant to the provisions of N.J.S.A. 40:55D-26,
Subsection a, and also to pass upon other matters specifically referred
to the Board by the Borough Council pursuant to the provisions of
N.J.S.A. 40:55D-26, Subsection b.
(8)
Exercise of the powers vested in the Zoning Board
of Adjustment by N.J.S.A. 40:55D-70 as follow:
(a)
Variances pursuant to N.J.S.A. 40:55D-70, Subsection
c, from lot area, lot dimensional setback and yard requirements, provided
that such relief from lot area requirements shall not be granted for
more than one lot.
(b)
Direct, pursuant to N.J.S.A. 40:55D-34 the issuance
of a permit 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.
(c)
Direct, pursuant to N.J.S.A. 40:55D-36, the
issuance of a permit for a building or structure not related to a
street. Whenever relief is requested pursuant to this subsection,
notice of a hearing on the application for development shall include
a reference to the request for a variance or direction for issuance
of a permit as the case may be.
(d)
This Board is a Joint Land Use Board created
by Ordinance No. 1995-01, [1] and therefore has all of the powers of the Zoning Board
of Adjustment as set forth in N.J.S.A. 40:55D-70. Whenever this Board
is considering a use variance under N.J.S.A. 40:55D-70, Subsection
d, the Class I and III members shall not participate.
[1]
Editor's Note: The preamble to this ordinance
provided that it was adopted under the authority of N.J.S.A. 40:55D-25
of the Municipal Land Use Act, which allows a municipality having
a population of 10,000 or less, by ordinance, to empower its Planning
Board to exercise all of the powers of a board of adjustment.
(9)
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.
J.
Time for decisions. The Board shall exercise its powers for the granting or denying of approval for minor or major subdivisions and for site plans in accordance with the time limitations set forth in N.J.S.A. 40:55D-76, N.J.S.A. 40:55D-73, N.J.S.A. 40:55D-67, Subsection a, N.J.S.A. 40:55D-50, Subsection b, N.J.S.A. 40:55D-48, Subsection c, N.J.S.A. 40:55D-46.1, Subsection a, N.J.S.A. 40:55D-47, N.J.S.A. 40:55D-46, Subsection c, N.J.S.A. 40:55D-53, Subsection e, N.J.S.A. 40:55D-51, Subsection c, and N.J.S.A. 40:55D-61. Additionally, whenever the Board shall be called upon to exercise its ancillary powers before the granting of a variance, as set forth in § 219-48I, the Board shall grant or deny approval of the application within 95 days after submission by the developer of a complete application, or within such further time as may be consented to by the applicant. Failure of the Board to act within the period prescribed shall constitute approval of the application and a certificate of the Board Secretary as to the failure of the Board to act shall be issued on request of the applicant.
K.
Advisory committee. The Mayor may appoint one or more
persons as a citizens advisory committee to assist or collaborate
with the 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.
L.
Rules and regulations. 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 the Municipal Investigations Law of 1953, N.J.S.A.
2A:67A-1 et seq. shall apply.
M.
Subdivision Committee. There is hereby established
a Board Subdivision Committee, which shall consist of three members
of the Board appointed by the Chairman, and which shall exercise such
powers as established by ordinance.
N.
Checklist for land subdivision and site plan review.
At the time the applicant is furnished with the application for land
subdivision and/or site plan approval, he or she shall be supplied
with a checklist which shall set forth the specific documents that
are required to be filed at the time of the submission of the application.
Each checklist requirement shall be in accordance with the provisions
of the land development chapters.
O.
Determination of completeness of application. An application
for land subdivision and/or site plan review approval shall be complete
for purposes of commencing the applicable time period for action by
the Board when so certified by the Board or its authorized committee
or designee. In the event that the Board or its authorized committee
or designee 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 the checklist set forth above which is provided
to the applicant; and the Board or its authorized committee or designee
has notified the applicant, in writing, of the deficiencies in the
application within 45 days of the submission of the application. The
applicant may request that one or more of the submission requirements
be waived, in which event the Board's authorized committee or designee
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 Board may subsequently waive correction of any information found
to be in error and require submission of additional information not
specified in these chapters or any revisions in the accompanying documents,
as are reasonably necessary to make an informed decision as to whether
the requirements necessary for the approval of the application have
been met. The application shall not be deemed incomplete for lack
of any such additional information or any revisions in the accompanying
documents as required by the Board.
A.
Powers of the Board. When hearing traditional Zoning
Board matters, the Board shall be authorized to adopt bylaws governing
its procedural operation. It shall also have the following powers
and duties:
(1)
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 official based on or made in the enforcement
of the Zoning Ordinance.
(2)
Hear and decide requests for interpretation of the
Zoning Map or Zoning Ordinance or for decision upon other special
questions upon which the Board is authorized to pass by the Zoning
Ordinance or Official Map Ordinance, if adopted.
(3)
Where, by reason of exceptional narrowness, shallowness or shape of a specific piece of property or 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 pursuant to this zoning 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 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 the zoning chapter would be advanced by a deviation from the zoning requirements and the benefits of the deviation would substantially outweigh any detriment, grant a variance to allow departure from the regulations of the zoning chapter; provided, however, that no variance enumerated in Subsection D, set forth below, shall be granted under this subsection, and provided further that the proposed development does not require approval by the Board of a subdivision, site plan or conditional use in conjunction with which the Board has power to review a request for a variance pursuant to the provisions of this chapter.
(4)
In particular cases and for special reasons, grant
a variance to allow departure from regulations pursuant to the zoning
chapter to permit:
(a)
A use or principal structure in a district restricted
against such use or principal structure.
(b)
An expansion of a nonconforming use.
(c)
Deviation from a specification or standard,
pursuant to N.J.S.A. 40:55D-67, pertaining solely to a conditional
use.
(d)
An increase in the permitted floor area ratio
as defined in these chapters.
(e)
An increase in the permitted density, as defined
in these chapters, 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. A variance under this subsection shall be
granted only the by the affirmative vote of at least two-thirds of
the full authorized membership of the Board.
(f)
No variance or other relief may be granted under the provisions of Subsection A(4)(a) through (d) 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 the Zone Plan and Zoning Ordinance. Any application under any subsection of this section may be referred to an appropriate person or agency for its report, provided that such reference shall not extend the period of time within which the Board shall act.
(5)
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.
(6)
Direct issuance of a permit pursuant to N.J.S.A. 40:55D-36
for a building or structure not related to a street.
(7)
Grant, to the same extent and subject to the same
restrictions as the Board, subdivision or site plan approval or conditional
use approval pursuant to N.J.S.A. 40:55D-67 whenever the Board is
reviewing an application for approval of a use variance.
B.
Appeals and applications.
(1)
Appeals to the Board may be taken by an interested
party affected by any decision of a Borough official based on or made
in the enforcement of the Zoning Ordinance or Official Map. Each appeal
shall be taken within 20 days by filing a notice of appeal with the
official from whom the appeal was taken, together with three copies
of such notice with the Secretary of the Board. Such notice of appeal
shall specify the grounds for the appeal. The official from whom the
appeal is taken shall forthwith transmit to the Board all the papers
constituting the record upon which the action appealed from was taken.
(3)
At the time of filing the appeal or application, the
applicant shall also file all relevant plot plans, maps or other papers
required by the application forms and/or the instructions to applicants
and/or as required by the Borough Engineer. The applicant shall obtain
all necessary forms from the Secretary of the Board. The Secretary
of the Board shall inform the applicant of the steps to be taken to
initiate proceedings and of the regular meeting dates of the Board
and shall furnish applicant with instructions and application forms.
(4)
An appeal shall stay the decision appealed from, unless
the official from whose decision the appeal is taken certifies to
the Board after 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, the
proceedings shall not be stayed other than by an order of the Superior
Court of New Jersey upon notice to the official from whom the appeal
is taken and on due cause shown.
(5)
The Board may reverse or affirm, wholly or in part,
or may modify the action, order, requirement, decision, interpretation
or determination appealed from, and, to that end, have all the powers
of the official from whom the appeal was taken.
C.
Expiration of variance. Any variance from the terms
of the Zoning Ordinance granted by the Board permitting the erection
or alteration of any structure or structures or a specified use of
any premises shall expire, unless such construction, alteration or
use shall have been actually commenced on, or in, each and every structure
permitted by such variance, within one year from the date of authorization
by the Board and diligently pursued to completion. The running of
this period shall be tolled from the date of filing an appeal from
the decision of the Board to a court of competent jurisdiction, until
the termination in any manner of such appeal or proceeding.
D.
Conditional approval. Whenever a review or approval
of an application involving the County of Burlington is required by
N.J.S.A. 40:27-6.3, in the case of a subdivision, or N.J.S.A. 40:27-6.6,
in the case of a site plan, the Board shall condition any approval
that it grants upon timely receipt of a favorable report on the application
by the County Planning Board or approval by the County Planning Board
by its failure to thereon within the required time. An application
under this section may be referred to any appropriate person or agency
for its report. Such reference shall not exceed the period of time
within which the Board shall act.
A.
Conflicts of interest. No member of the Board shall
act on any matter in which he or she has either directly or indirectly
any personal or financial interest. Whenever any such member shall
disqualify him or herself from acting on a particular matter, he or
she shall not continue to sit with the Board on the hearing of such
matter nor participate in any discussion or decision relating thereto.
B.
Meetings.
(1)
Meetings of the 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.
Regular meetings of the Board shall be scheduled so as not to conflict
with the regularly scheduled meetings of the Borough Council.
(2)
Special meetings may be provided for at the call of
the Chairperson or on the request of any two Board members, which
meeting shall be held on notice to its members and the public in accordance
with all applicable legal requirements.
(3)
No action shall be taken at any meeting without a
quorum being present, which shall be defined as the majority of the
full authorized membership of the Board.
(4)
All actions shall be taken by majority vote of a quorum
except as otherwise required by statute.
(5)
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 Act.
An executive session for the purpose of discussing and studying any
matters to come before either Board shall not be deemed to be a regular
or special meeting.
C.
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 actions taken by the Board, the findings made by it, if any, 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 their use
as provided for in the rules of the Board.
D.
Fees. Fees for applications or for the rendering of
any service by the Board or any member of the administrative staff
which is not otherwise provided by ordinance may be provided for and
adopted as part of the rules of the Board, subject to the approval
of the Borough Council. Copies of such rules or of the separate fee
schedule shall be available to the public. The Board may waive any
fee, in the event of an application on behalf of a nonprofit or religious
corporation or association or as required by another statute.
E.
Hearings.
(1)
Rules. The 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.
(2)
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 parties, and pursuant to the provisions of the county and Municipal
Investigations Law, N.J.S.A. 2A:67A-1 et seq., shall apply.
(3)
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 number of witnesses.
(4)
Evidence. Technical rules of evidence shall not be
applied to the hearing, but the Board may exclude irrelevant, immaterial
or unduly repetitious evidence.
(5)
Records. Each Board shall provide for the verbatim
recording of the proceedings by either stenographer, 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.
Notice requirements for hearing. 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:
(1)
Notice of 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.
(2)
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 situated within 200 feet of a municipal
boundary.
(3)
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.
(4)
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 Municipal Clerk pursuant to Subsection B of Section 6 of the act (N.J.S.A. 40:55D-10).
(5)
Notice of hearings on applications for approval of a major subdivision or a site plan not defined as a minor site plan under this act requiring public notice pursuant to Subsection A of this section shall be given. In the case of a public utility, cable television company or local utility which possesses a right-of-way or easement within the municipality and which has registered with the municipality in accordance with Section 5 of P.L. 1991 c. 412 (N.J.S.A. 40:55D-12.1), by:
(a)
Serving a copy of the notice on the person whose
name appears on the registration form on behalf of the public utility,
cable television company or local utility; or
(b)
Mailing a copy thereof by certified mail to
the person whose name appears on the registration form at the address
shown on that form.
(6)
The applicant shall file an affidavit of proof of
service with the municipal agency holding the hearing on the application
for development in the event that the applicant is required to give
notice pursuant to this section.
G.
List of property owners furnished. Pursuant to the provisions of N.J.S.A. 40:55D-12, Subsection c, the Borough Tax Assessor shall, within seven days after receipt of a request and upon receipt of payment of a fee as set forth in § 219-60, make and certify a list from the current tax duplicate of names and addresses of owners whom the applicant is required to give notice pursuant to Subsection F.
H.
Decisions.
(1)
Each decision on any application for development shall
be set forth in writing, which shall include findings of fact and
conclusions based thereon. The Board shall provide the findings and
conclusions through:
(a)
A resolution adopted at meeting held within
the time period for action by the Board on the application for development;
or
(b)
A memorializing resolution adopted at a meeting
held not later than 45 days after the date of the meeting at which
the Board voted to grant or deny approval. Only the members of the
municipal agency who voted for the action taken may vote on the memorializing
resolution, and the vote of a majority of such members present at
the meeting at which the resolution is presented for adoption shall
be sufficient to adopt a resolution. An action resulting from the
failure of a motion to approve an application shall be memorialized
by resolution as provided above, with those members who voted against
the motion of approval being the members eligible to vote on the memorializing
resolution. The vote on any such resolution shall be deemed to be
a memorialization of the action of the Board and not to be an action
of the Board. However, the date of the adoption of the resolution
shall constitute the date of the decision for purposes of mailings,
filings and publications required by this chapter and N.J.S.A. 40:55D-10.
If the Board fails to adopt a resolution or memorializing resolution
as hereinabove specified, any interested party may apply to the Superior
Court in a summary manner for an order compelling the Board to reduce
its findings and conclusions, in writing, within the stated time and
the cost of the application, including attorney's fees, shall be assessed
against the Borough.
(2)
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 set forth in N.J.S.A. 47:1A-2. 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 the fee set forth in N.J.S.A. 47:1A-2.
I.
Publication of decision. 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 Board,
who shall charge the applicant for the cost of such publication. Notice
shall be sent to the official newspaper for publication within 10
days of the date of any such decisions.
J.
Records retained by Borough Clerk. Upon the conclusion
of any matter coming before the Board, or upon appeal before the Borough
Council, a copy of each application, supporting documentation, minutes
of hearings, correspondence, decisions and other information relevant
to the determination shall be maintained in the office of the Borough
Clerk for a period of not less than five years, which shall be considered
a public record with the meaning of N.J.S.A. 47:1A-1 et seq.
K.
Payment of taxes. Pursuant to the provisions of N.J.S.A.
40:55D-39, every application for development submitted to the 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.
Appeals from Joint Land Use Board Decisions
are filed with the Superior Court.
This chapter shall take effect on September
3, 1998, after final adoption and publication in the manner prescribed
by law.
