No member of the Land Use Board shall act on any matter in which such member has either directly or indirectly any personal or financial interest. Whenever any such member shall disqualify himself/herself from acting on a particular matter, he/she shall so state for the record, not sit with the Board on the hearing of such matter nor participate in any discussion or decision relating thereto.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
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 cancelled for lack of applications to process.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
Special meetings may be provided for at the call of the Chairperson 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. 
No action shall be taken at any meeting without a quorum present.
D. 
All actions shall be taken by a roll call majority vote of members present, all of whom shall have been present for the complete presentation and discussion on the question or decision or have certified, in writing, that they have read the transcript or listened to the recording from the meeting missed. A quorum shall be considered as five members.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
E. 
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 N.J.S.A. 10:4-6 et seq.
Minutes of every regular or special meeting shall be kept and shall include proofs of notice and service, 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 Secretary of the Board. 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/her use, as provided for in the rules of the Board.
A. 
The fees for informal or preliminary discussions, major site review, minor site review and/or sketch plat, major subdivision, minor subdivision, zoning variances, and miscellaneous typing and reproduction shall be in accordance with the schedule set forth in Chapter 146, Fee Schedule, of the Code of the City of Burlington.
B. 
All application fees are nonrefundable, except the Board may elect in its sole discretion to refund part or all of such application fees based on the stage of the application or the hardship it may cause the applicant.
C. 
Fees for professional review of any proposed application as required by the Board, such as review by the Board attorney or engineer, shall be billed directly by the appropriate City office directly to the applicant. No certificate of approval, permit or signed map shall be given to the applicant until all such fees have been paid.
Pursuant to the provisions of N.J.S.A. 40:55D-39 and 40:55D-65, every application for development 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 such property, any approvals or other relief granted by the 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 City will be adequately protected.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
Rules. The Land Use Board may make rules governing the conduct of hearings before such body which shall not be inconsistent with the provisions of N.J.S.A. 40:55D-1 et seq. or of this chapter.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
Oaths. The officer presiding at the hearing or such person as he/she 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 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 reasonable limitations by the presiding officer 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, unfair, inflammatory or 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, to any interested party at his/her expense upon request. Such records or recording shall be kept for a minimum of three years.
A. 
Notice required.
(1) 
Whenever a hearing is required on an application for development, the applicant must follow the notice requirements of N.J.S.A. 40:55D-1 et seq. Public notice shall be given by publication in the official newspaper of the City or in a newspaper of general circulation within the City at least 10 days prior to the date of the hearing.
(2) 
Hearings are required for all applications to the Land Use Board.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
To property owners.
(1) 
Notice shall be given for a zoning variance application to the owners of all real property located within 200 feet in all directions of the property which is the subject of such hearing, and whether located within or without the City, as shown on the current tax duplicate or duplicates. Such notice shall be given by:
(a) 
Serving a copy thereof on the owner, as shown on the current tax duplicate, or his/her agent in charge of the property; or
(b) 
Mailing a copy thereof by certified mail to the property owner at his/her address as shown on the said current tax duplicate. A return receipt is not required.
(2) 
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.
C. 
To other municipalities. Notice of all hearings for 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. 
To County Land Use Board. Notice shall be given by personal service or certified mail to the County Land Use 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. 
To 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. 
To Division of State and Regional Planning. 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 where so required by those agencies and in accordance with their requirements.
G. 
Time of notice. All notices hereinabove specified in this section shall be given at least 10 days prior to the date fixed for hearing, and the applicant shall file an affidavit of proof of service with the Board holding the hearing on the application for development.
H. 
Notice by certified mail. Any notice made by certified mail, as hereinabove permitted, shall be deemed complete upon mailing in accordance with the provisions of N.J.S.A. 40:55D-14.
I. 
Contents of notice. The notice 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 City 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.
Pursuant to the provisions of N.J.S.A. 40:55D-12c, the Construction Official shall, within seven days after receipt of a request therefor and upon receipt of payment of a fee in accordance with the schedule set forth in Chapter 146, Fee Schedule, 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.
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 memorialization of decision to the applicant, or if represented, then to his/her 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 Municipal 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 City.
[Amended 6-14-2011 by Ord. No. 05-2011]
A notice of every final decision shall be published in the official newspaper of the City. Such publication shall be arranged by the Secretary of the 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 memorialization of any such decision.
An appeal from any final decision of the Land Use Board may only be taken to the Superior Court of New Jersey.[1]
[1]
Editor's Note: Original § 16.16.120, Appeals from Zoning Board of Adjustment, and original § 16.16.130, Joint Planning/Zoning Committee to review applications for development, which immediately followed this section, were deleted 6-14-2011 by Ord. No. 05-2011.