[Ord. No. 79-4 § 2.1; Ord. No. 97-7 § 1; Ord. No. 2002-1 § 2.1]
a.
Regular Members. There is hereby established in the Borough of Elmer
a Land Use Board of nine members consisting of the following four
classes pursuant to N.J.S.A. 40:55D-23;
1.
Class
I: The Mayor or his/her designee;
2.
Class
II: One of the officials of the municipality, other than a member
of the Borough Council, to be appointed by the Mayor;
3.
Class
III: One member of the Borough Council appointed by the Council;
4.
Class
IV: Six other citizens of the Borough to be appointed by the Mayor.
The members of Class IV shall hold no other municipal office, except
that one Class IV member may be a member of the Board of Education.
b.
Alternate Members. The Mayor may appoint four alternate members meeting
the qualifications of Class IV members. These shall be designated
as alternates number 1 through 4. Their terms of office shall be for
two years, and their expiration dates shall be staggered so that two
alternates can be appointed each year. Should a vacancy occur in an
alternate position, then the Mayor may fill that position for the
unexpired term only. Alternates may only serve as provided in N.J.S.A.
40:55D23.1.
[Ord. No. 79-4 § 2.2; Ord. No. 2002-1 § 2.2]
a.
The term of the Class I members shall correspond with his or her
official tenure.
b.
The terms of the Class II and Class III members shall be for one
year or terminate at the completion of their respective terms of office,
whichever occurs first.
c.
The term of a Class IV member, who is also a member of the Board
of Education shall terminate whenever he or she is no longer a member
of the Board of Education or at the completion of his or her Class
IV term, whichever occurs first. The terms of all Class IV members
first appointed pursuant to this ordinance 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
appointments, as determined by resolution of the Elmer Borough Council;
provided, however, that no initial term of any Class IV member shall
exceed four years and further provided that nothing herein shall affect
the term of any present member of the 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 herein provided. All
terms shall run from January 1 of the year in which the appointment
was made.
[Ord. No. 79-4 § 2.3]
[Ord. No. 79-4 § 2.4]
The Land Use 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 municipal employee designated by it.
[Ord. No. 79-4 § 2.5]
a.
There is hereby created the office of Land Use Board Attorney. The
Land Use Board may annually appoint and fix the compensation of the
Land Use Board Attorney who shall be an attorney other than the Municipal
Attorney.
b.
The Land Use Board may also employ or contract for the services of
experts and staff as it may deem necessary. The Board shall not, however,
exceed exclusive of gifts or grants, the amount appropriated by the
Governing Body for its use.
[Ord. No. 79-4 § 2.6; Ord. No. 2002-1 § 2.6A, C-F]
a.
The Land Use Board shall have the following powers and duties:
1.
To make, adopt and amend a master plan for the physical development
of the municipality including any areas outside the 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.
2.
To administer provisions of all development regulations of the Borough
in accordance with the provisions of the regulations and the Municipal
Land Use Law of 1975, N.J.S.A. 40:55D-1 et seq.
3.
To consider and make recommendations to the Governing Body within
35 days after referral as to any proposed development regulation submitted
to it pursuant to the provisions of N.J.S.A. 40:55-26(a), and also
pass upon other matters specifically referred to the Land Use Board
by the Governing Body, pursuant to the provisions of N.J.S.A. 40:55D-26(b).
4.
To assemble data on a continuing basis as part of continuous planning
process.
5.
To annually participate in the preparation and review of a municipal
capital improvements program projected over a term of six years and
amendments thereto when requested by the Governing Body.
6.
To participate in the preparation and review of programs or plans
required by State or Federal law or regulations.
7.
When reviewing applications for approval of subdivision plans, site
plans or conditional uses, to grant to the same extent and subject
to the same restrictions as the Land Use Board:
(a)
Variances pursuant to N.J.S.A. 40:55D-70c; from lot area, lot
dimensional setback, and yard requirements shall not be granted for
more than one lot.
(b)
Direction pursuant to N.J.S.A. 40:55D-34 for issuance of a permit
for building or structure in the bed of a mapped street or public
drainage way, flood control basin, or public area reserved pursuant
to N.J.S.A. 40:55D-32.
(c)
Direction pursuant to N.J.S.A. 40:55D-36 for issuance of a permit
for a building or structure not related to a street.
Whenever relief is requested under this subsection, the hearing
notice to the development application shall include reference to the
type of relief requested.
8.
To perform such other advisory duties as are assigned to it by ordinance
or resolution of the Governing Body for the aid and assistance of
the Governing Body or other agencies or officers.
b.
The Land Use Board shall adopt such rules and regulations as may
be necessary to carry into effect the provisions and purposes of this
chapter.
c.
The Land Use Board shall have the following additional powers previously
granted to the Zoning Board of Adjustment:
1.
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 the zoning ordinance. The Board may 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.
2.
To hear and decide requests for interpretation of the zoning map
or ordinance or for decisions on other special questions upon which
the Board is authorized to pass in accordance with N.J.S.A. 40:55D-1,
et seq.
3.
Whereby reason of exceptional narrowness, shallowness or shape of
a specific piece of property or by reason of exceptional topographic
conditions or by reason of other extraordinary and exceptional situation
or condition of such piece of property, the strict application of
any regulations in the zoning ordinance 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;
provided, however, that no variance shall be granted under this subsection
to allow a structure or use in a district restricted against such
structure or use.
4.
To grant a variance to allow a structure or use in a district restricted
against such structure or use in particular cases and for special
reasons, but only by the affirmative vote of at least 2/3 of the fully
authorized membership of the Board. No variance or other relief may
be granted under the provisions 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 purpose
of the zone plan and zoning ordinance. The Class I and Class III members
of the Land Use Board shall not participate in or vote upon any application
for a use variance brought under this subsection pursuant to N.J.S.A.
40:55D-70(d).
5.
To direct the 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
drainage way or flood control basin or public area reserved on the
official map but only by the affirmative vote of a majority of the
full authorized membership of the Board.
6.
To direct issuance of a permit for a building or structure on a lot
not abutting a street as required by N.J.S.A. 40:55D-35 where the
enforcement of this requirement would entail practical difficulty
or unnecessary hardship or where the circumstances do not require
the building or structure to be related to a street pursuant to N.J.S.A.
40:55D-36.
d.
Pursuant to N.J.S.A. 40:55D-25(c) when this board is exercising the powers of the Zoning Board of Adjustment as set forth herein, the Class I and Class II members shall not participate in the consideration of actions for development which involve relief pursuant to Subsection (d) of N.J.S.A. 40:55D-70.
e.
The Land Use Board shall adopt such rules and regulations as may
be necessary to carry into effect the provisions and purposes of this
chapter.
f.
No variance or other relief may be granted under the provisions of
this section, including a variance or other relief involving an inherently
beneficial use, without a showing that 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.
Any application under any subsection of 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
Land Use Board shall act.
[Ord. No. 79-4 § 2.7;
New]
a.
Any applicant seeking to come before the Board shall obtain the necessary
forms from the Board Secretary and/or other Borough Official. The
officer shall endeavor to inform the applicant of the correct forms,
the proper fees, the necessary notice requirements, procedures and
meeting dates, however such advice shall not be binding upon the Board
in the event of error.
b.
Specifications and checklists for items and information to be subtitled
for complete applications for development.
1.
In order for an application to be complete for purposes of commencing the applicable time period for action by the Board pursuant to N.J.S.A. 40:55D-10.3, the items set forth in Schedule A, General Requirements, included as an attachment to this chapter, must be submitted, regardless of the type of application, as well as those items on Schedules B, C, D, E and F (Checklist is included in Appendix D as an attachment to this chapter) for the particular type of application being made. The schedules shall serve as checklists and shall be provided to each applicant for development approval. (Appendix D, Checklists, are included as attachments to this chapter and includes the checklist schedules referred to in this section.)
2.
A development application shall be complete for purposes of commencing
the applicable time period for action by the Board when so verified
by the Board or its authorized committee or designee. In the event
that the Board, committee or designee does not certify the application
to be complete within 45 days of the date of the submission, the application
shall be deemed complete upon the expiration of the 45 day period
for purposes of commencing the applicable time period unless the application
lacks information indicated on the checklist of items to be submitted
specified herein and provided in writing to the applicant, and the
Board or its authorized committee or designees 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
Board or its authorized committee or designee shall grant or deny
the request within 45 days of the date of its submission. Nothing
herein shall be construed as diminishing the applicant's obligation
to prove in the application process that the applicant is entitled
to approval of the application. The Board 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
Board.
3.
An applicant may appeal the committee's or designee's decision concerning
completeness of an application to the Board. The Board shall have
45 days after receipt of a written request to schedule a public hearing,
at which time the Board will determine if the application is complete.
The Board shall affirm, modify or reverse the decision of the committee
or designee.
[Ord. No. 79-4 § 2.8]
a.
The Land Use Board shall determine on the basis of advice from the
Borough Engineer and the Board Secretary, that the application is
complete and properly submitted and therefore subject to review or
that the application is incomplete, in which case the developer shall
be advised within 45 days of the initial submission as to the additional
materials required. An amended application shall be submitted in the
same manner as the original application.
b.
An applicant for subdivision approval may make a sketch plat submission
for purposes of classification and informal discussion. If a sketch
submission results in classification as a major subdivision, the application
shall not be deemed to be complete until all preliminary application
requirements have been met. Notwithstanding this procedure for sketch
submission, nothing shall prohibit an applicant from initially submitting
to the Land Use Board for preliminary major subdivision approval.
c.
Whenever review or approval of the application by the County Planning
Board 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 Planning 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 report
thereon within the required period.
[Ord. No. 79-4 § 2.9]
Minor subdivision approvals shall be granted or denied within
45 days of the date of submission of a complete application or within
such further time as may be consented to by the applicant. This approval
shall not be subject to notice requirements or a public hearing and
shall be the final action of the Board which may be conditioned upon
improvement provisions pursuant to N.J.S.A. 40:55D-38. Failure of
the Land Use Board to act within the prescribed period shall constitute
minor subdivision approval. Approval of a minor subdivision shall
expire 190 days from the date of Land Use Board approval unless within
such period, a plat in conformity with such approval and the Map Filing
Law, or a deed clearly describing the approved minor subdivision is
filed by the developer with the County Clerk, Borough Engineer, and
Borough Tax Assessor. Any such plat or deed must be signed by the
Chairman and Secretary of the Board before it will be accepted for
filing by the County Clerk. The zoning requirements and approval terms
and conditions shall not be changed for a period of two years after
the date of minor subdivision approval provided the subdivision has
been duly recorded.
[Ord. No. 79-4 § 2.10]
a.
Preliminary Approval.
1.
Upon submission of a complete preliminary application for subdivision
of 10 or fewer lots or a site plan of 10 acres or less, the Land Use
Board shall grant or deny preliminary approval within 45 days of submission
or within such time as may be consented to by the developer. Upon
submission of a complete preliminary application for a subdivision
of more than 10 lots, a site plan of more than 10 acres, or planned
development application, the Board shall grant or deny preliminary
approval within 95 days or within such further time as may be consented
to by the developer. All such applications shall be subject to a public
hearing after proper notice. Failure to act within the period prescribed
shall constitute preliminary approval of the subdivision or site plan.
2.
In the event preliminary approval of a subdivision or site plan is
denied because of failure to comply with municipal or regional development
regulations, a notation to that effect together with the signature
of the Land Use Board Secretary shall be placed on the plat and reasons
for the decision shall be stated in the denial resolution.
3.
Preliminary approval of a major subdivision, site plan or planned
development shall be granted by resolution which shall set forth any
conditions that must be met, including required performance guarantees,
and plat changes that must be made precedent to final action. A notation
indicating preliminary approval shall be placed on each plat and plan
together with the signature of the Chairman and Secretary of the Land
Use Board. This preliminary approval does not authorize the recording
of a subdivision or the issuance of a building permit for a site plan.
4.
Preliminary approval of a subdivision plat or site plan shall confer
upon the developer the following rights:
(a)
That the zoning requirements, and the general terms and conditions
on which preliminary approval was granted shall not be changed for
a three year period from the date of preliminary approval unless modified
by ordinance provisions relating to public health or safety;
(b)
That the developer may submit for final approval, on or before
the expiration date of preliminary approval, the whole or a section
or sections of the preliminary subdivision plat or site plan; and
(c)
That the applicant may apply for and the Land Use Board may
grant extensions of one year or longer as provided by N.J.S.A. 40:55D-49.
b.
Final Approval.
1.
Application for final major subdivision or site plan approval shall
be granted or denied within 45 days of submission of a complete final
application or within such further time as consented to by the developer.
Failure of the Land Use Board to act within the prescribed period
shall constitute final approval.
2.
Final approval of a major subdivision, site plan, or planned development
shall be granted only after all requirements and conditions imposed
at the time of preliminary approval have been complied with and all
required easements have been submitted and approved as to content
by the Borough Engineer and approved as to form by the Borough Attorney.
3.
Final approval of a major subdivision shall expire 95 days from the
date of the signing of the plat unless, within such period, a plat
meeting the "Map Filing Law" and bearing the signature of the Chairman
and Secretary of the Land Use Board shall have been duly filed with
the County Clerk. The 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.
4.
Final approval of a major subdivision or site plan shall confer upon
the developer the following rights:
(a)
Zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer in Subsection 25-5.4a shall not be changed for a period of two years after the date of final approval; provided that in the case of a major subdivision the rights conferred by this section shall expire if the plat has not been duly and properly recorded. The Land Use Board may extend such protection periods by extensions of one year but not exceeding three such extensions. The granting of final approval of a major subdivision or site plan terminates the time period of preliminary approval given pursuant to Subsection 25-5.4a for any portion granted final approval.
(b)
In the case of a subdivision or site plan of planned development
or residential cluster of 50 acres or more or a conventional subdivision
or site plan for 150 acres or more, the Land Use Board may extend
the period of protection as provided in N.J.S.A. 40:55D-52.
5.
Upon final approval, copies of the approved plat or plans shall be
distributed by the Land Use Board Secretary to the Land Use Board
files, Borough Engineer, Zoning Officer, Tax Assessor, County Planning
Board, and the applicant.
[Ord. No. 79-4 § 2.11]
In exercising its power to grant conditional uses pursuant N.J.S.A. 40:55D-67 and Subsection 25-4.6a of this chapter, the Land Use Board shall grant or deny a conditional use application within 95 days of submission of a complete application or within such further time as may be consented to by the applicant. The application shall be subject to a public hearing after proper notice. The review of the conditional use application shall include any required site plan review within this prescribed period. Failure by the Land Use Board to act within the prescribed period shall constitute approval of the application.
[Ord. No. 79-4 § 2.12]
Whenever the Land Use Board is called upon to exercise its ancillary powers before granting approval for a variance or for the issuance of building permits as set forth in Subsection 25-4.6a7 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 Land Use Board to act within the period prescribed shall constitute approval.
[Ord. No. 79-4 § 2.13]
The Land Use Board shall have the power to review and approve
or deny conditional uses or site plans simultaneously with review
for subdivision approval without the developer being required to make
further application to the Board, or the Board being required to hold
further hearings. The longest time period for action by the Land Use
Board whether, it be for subdivision, conditional use or site plan
approval, shall apply. Whenever approval of a conditional use is requested
by the developer pursuant to this section, notice of the hearing on
the plat shall include reference to the request for such conditional
use.
[Ord. No. 79-4 § 2-14]
The Land Use Board, when acting upon application for a preliminary
or minor subdivision approval or preliminary site plan approval, shall
have the power to grant such exceptions from the requirements for
approval as may be reasonable and within the general purpose and intent
of the provisions for review and approval contained in this chapter,
if the literal enforcement of one or more provisions of this chapter
is impractical or will exact undue hardship because of peculiar conditions
pertaining to the land in question, provided such exceptions and the
reasons therefor shall be recorded in the minutes.
[Ord. No. 79-4 § 2.15;
N.J.S.A. 40:55D-17]
An appeal from certain final decisions of the Land Use Board
may be taken to the Borough Council provided such appeal shall be
taken in accordance with N.J.S.A. 40:55D-17 providing that the final
decision of the Land Use Board meets the requirements of N.J.S.A.
40:55D-17 and was approving an application for development pursuant
to N.J.S.A. 40:55D-70d.
[Ord. No. 79-4 § 2.16; Ord. No. 97-7 § 2; Ord. No. 2002-1 § 2.16; N.J.S.A. 55D-1
et seq.]
a.
Pursuant to N.J.S.A. 40:55D-72 appeals to the Land Use Board may
be taken by any interested party affected by any decision of an administrative
officer of the municipality or of the historic preservation commission
based on or made in the enforcement of the zoning ordinance or official
map. Such appeal shall be taken within 20 days by filing a notice
of appeal with the officer from whom the appeal was taken, together
with 10 copies of said notice with the Secretary of the Land Use Board
specifying the grounds of such appeal. The officer from whom the appeal
is taken shall immediately transmit to the Board all of the papers
constituting the record upon which the action appealed from was taken.
b.
A developer may file an application for development with the Land
Use Board for action under any of its powers without prior application
to an administrative officer pursuant to N.J.S.A. 40;55D-72. 10 copies
of a completed application form and 10 copies of all plats or plans
along with all required accompanying documents and fees shall be filed
with the Land Use Board Secretary at least 10 days prior to the date
set for the hearing. The applicant shall obtain all necessary forms
from the Land Use Board Secretary who shall inform the applicant of
the steps to be taken to initiate proceedings and of the regular meeting
dates of the Board.
c.
An appeal stays all proceedings in furtherance of the action in respect
to which the decision appealed from and was made, unless the officer
from whose action the appeal is taken certifies to the 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 or
her opinion, cause imminent peril to life or property. In such cases,
proceedings shall not be stayed other than by an order of the Superior
Court of New Jersey upon notice of the officer from whom the appeal
is taken and on due cause shown.
d.
The Land Use Board when acting as the Board of Adjustment shall render
its decision not later than 120 days after an appeal is taken from
the decision of an administrative officer or after the submission
of a complete application for development pursuant to the provisions
of N.J.S.A. 40:55D-72. Failure of the Board to render a decision within
the specified time period or within such further time as may be consented
to by the applicant shall constitute a decision favorable to the applicant.
(N.J.S.A. 40:55D-73)
e.
Any variance granted from the terms of this chapter permitting the
erection or alteration of any structure or structures shall expire
by limitation unless such construction or alteration shall have been
actually commenced on each and every structure permitted by said chapter,
or unless such permitted use has actually been commenced, within one
year from the date of publication of the notice of determination of
the Land Use Board, provided that a longer period of time before such
expiration may be granted by the Board as a term and condition of
the variance where the Board finds such an extended time period reasonably
necessary and appropriate due to circumstances clearly demonstrated
by the applicant at the hearing; except, however, that the running
of the period of limitation herein provided shall be suspended from
the date of filing an appeal from the decision of the Land Use Board
to a court of competent jurisdiction, until the termination in any
matter of such appeal or proceeding.
f.
Decisions and actions of the Land Use Board shall be taken in the
manner and time limits established by N.J.S.A. 40:55D-1 et seq.
[Ord. No. 79-4 § 2.17; Ord. No. 2002-1 § 2.17]
Any appeal from any decision of the Land Use Board with regard to those powers noted in Subsection 25-4.6c may be taken to the Borough Council provided that such appeal shall be made within 10 days of the date of the publication of the Board's final decision. Such appeal shall be taken in accordance with N.J.S.A. 40:55D-17.
[Ord. No. 79-4 § 2.23; Ord. No. 2002-1 § 2.18]
a.
Regular meetings of the 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 may be called by the chairman or on 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.
No action shall be taken at any meeting without a quorum being present.
d.
All action shall be taken by a majority of the vote of the members
present except as otherwise provided in the Municipal Land Use Law
(N.J.S.A. 40:55D-1, et seq.) the Open Public Meetings Law (N.J.S.A.
10:4-6, et seq.) or as provided in this chapter.
e.
The provisions of the Open Public Meetings Law, where applicable,
shall be observed.
[Ord. No. 79-4 § 2.24; Ord. No. 2002-1 § 2.19]
Minutes of every regular or special meeting shall be kept and
shall include the names of persons appearing and addressing the Board
and of 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 use as provided for in the rules of the Board.
[Ord. No. 79-4 § 2.25; Ord. No. 2002-1 § 2.20]
a.
Whenever a hearing is required on an application for development
pursuant to N.J.S.A. 40:55D-1 et seq. or pursuant to the determination
of the municipal agency in question, the applicant shall give notice
thereof as follows:
1.
Public notice shall be given by publication in the official newspaper
of the municipality at least 10 days prior to the date of the hearing.
2.
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 applicant's
land is located. Such notice shall be given by:
(a)
Serving a copy thereof on the owner shown on the current tax
duplicates or his agent in charge of the property; or
(b)
Mailing a copy thereof by certified mail to the property owner
at his address as shown on the current tax duplicate. A return envelope
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, a vice president, secretary, or other person authorized
by appointment or by law to accept service on behalf of the corporation.
|
3.
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 the addition to the notice
required to be given pursuant to this subsection to the owners of
lands in such adjoining municipality which are located within 200
feet of the subject premises.
4.
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.
5.
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.
6.
Notice shall be given by personal service or certified mail to the
Director of the Division of State and Regional Planning in the Department
of Community Affairs of a hearing on an application for development
of property which exceeds 150 acres or 500 dwelling units. Such notice
shall include a copy of any maps or documents required to be on file
with the Borough Clerk pursuant to N.J.S.A. 40:55D-10.
b.
All notices 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 holding the hearing
for the development application. Any notice made by certified mail
as hereinabove required shall be deemed to be complete upon mailing
in accordance with N.J.S.A. 40:55D-14.
c.
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
duplicates 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.
d.
List of Property Owners Furnished. Pursuant to the provisions of
N.J.S.A. 40:55D-12(c) the Borough Tax Assessor shall, within seven
days after receipt of a request therefor and upon receipt of payment
of a fee of $10, make and certify a list from the current tax duplicate
of names and addresses of owners to whom the applicant is required
to give notice pursuant to this section.
e.
Public notice shall be required for site plan review, appeals of
determinations of administrative officers pursuant to N.J.S.A. 40:55D-70(a);
and for requests for interpretations pursuant to N.J.S.A. 40:55D-70(b).
[Ord. No. 79-4 § 2.26; Ord. No. 2002-1 § 2.21]
a.
Rules. The Land Use Board shall 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."
N.J.S.A. 2A:67A-1 et seq. shall apply.
c.
Testimony. The testimony of all witnesses 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.
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 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 or her expense.
[Ord. No. 79-4 § 2.27; Ord. No. 2002-1 § 2.22]
a.
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 conclusions based thereon.
b.
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, 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 of the municipality.
c.
Publication of Decision. A brief notice of every final decision shall
be published in the official newspaper of the municipality. Such publication
shall be arranged by the Land Use Board Secretary without a separate
charge to the applicant. Said notice shall be sent to the official
newspaper for publication within 10 days of the date of any such decision.
[Ord. No. 79-4 § 2.28; Ord. No. 2002-1 § 2.23]
No member of the Land Use 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 himself 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
further discussion or decision relating thereto.
[Ord. No. 79-4 § 2-7.7; Ord. No. 2002-1 § 2.24]
Pursuant to the provisions of N.J.S.A. 40:55D-39 and N.J.S.A.
40:55D-65, every application submitted to the 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 taxes or assessments are delinquent
on said property, any approvals or other relief granted by the Board
shall be conditioned upon the prompt payment of such taxes and/or
assessments or the making of adequate provisions for the payment thereof
in such manner that the municipality will be adequately protected.
[Ord. No. 79-4 § 2.30; Ord. No. 86-1 § I; Ord. No. 88-1 § I; Ord.
No. 93-6 § 1; Ord. No.
2002-1 § 2.25; Ord. No.
2006-8 § 1; Ord. No. 2009-11; Ord. No. 2017-5 § 1]
g.
Site Plan, Final Review.
1.
Application fee - $500.00.
2.
Review fee deposit - $250.00 per lot or fraction thereof submitted
for review, with a minimum of $2,000.00 for legal and engineering
review.
Reduced fee for certain residential applicants.
When the subject matter of an application consists of an addition,
whether attached or detached, to an existing single-family residential
house, or alterations thereof, site plan approval, subdivision approval
or variance fees shall be as follows:
h.
Use Variance.
1.
Application fee - $200.00.
2.
Review fee deposit - $2.00 per gross square foot of building floor
area included in the proposed development, plus $500.00 per area pro-rated
for fractions of land included in the lots involved, but not less
than $1,000.00. All other types of variances - $25.00 (for example
sign variances).
j.
Amendment of Minor Subdivision Approval.
1.
Application fee - $200.00 plus escrow fees of $1,000.00.
k.
Informal Review.
1.
$100.00 to be credited toward fee for review of the application for
development for which the concept plan was presented. Escrow - $500.00.
l.
Amendment of Preliminary Major Subdivision Approval.
1.
Application fee - $300.00 plus escrow fees of $1,000.00.
n.
Escrow Fund Fees.
1.
Review Fee Deposit. The review fee deposit is to be used to pay the
fees of any professional personnel retained or employed by the Borough
to assist in processing, reviewing, and making recommendations concerning
the subject application. If at any time it becomes evident that the
escrow fund is, or will become, insufficient to cover all reasonable
fees for the required professional services, the applicant shall increase
the fund as determined by the reviewing agency. Any excess funds in
the escrow fund remaining after 45 days from the date action is taken
by the Zoning Officer and/or reviewing agency with respect to the
applicant shall be returned to the applicant.
Whenever a review fee is required, the developer shall deposit
with the Borough Treasurer a sum of money which the Borough Treasurer
shall deposit in a separate escrow account and carry under the trust
fund section of accounts on the books of the Borough as an inspection
fee escrow fund.
2.
Inspection Fees. This escrow fund shall be used to pay the fees of
professional personnel employed to inspect and approve the construction
of the improvements for subdivision and site plan approval. Any excess
of funds in escrow at the time when all improvements have been finally
accepted shall be returned to the developer. If at any time it becomes
evident that the escrow fund is or will be insufficient to cover the
inspection fees, the developer shall increase the fund as required
by the approving Borough agency.
Prior to final approval of the plat, the developer is required
to deposit with the Borough Treasurer a sum of money, as defined below,
which the Borough Treasurer shall deposit in a separate escrow account
and carry under the trust fund section of accounts on the books of
the Borough as an inspection fee escrow fund. The amount of money
so deposited, exclusive of all other fees, shall equal 6% of the cost
of all improvements required as a condition of subdivision or site
plan approval as such cost is estimated by the Borough Engineer. However,
there shall be a minimum inspection fee escrow deposit of $300 even
though the aforesaid computation produces a lesser amount, unless
there are no improvements required for subdivision or site plan approval
in which case there shall be no inspection fee escrow fund established.
3.
Specialized Expert Testimony. When the applicant intends to present
specialized expert testimony which is beyond the expertise of the
staff and consultants serving the approving authority, the applicant
shall increase the review fee deposit account by a minimum of $500
for each such expert who will testify, in order to enable the approving
authority to hire expert consultants to review this testimony.
