Township of Burlington, NJ Review Agencies

Number. The Zoning Board of Adjustment shall consist of seven residents of the Township of Burlington. In addition to regular members, there shall be four alternate members who should be designated by the Council at the time of appointment as "Alternative No. 1," "Alternative No. 2," "Alternative No. 3," and "Alternative No. 4," after appointment as provided in Subsection B(2) below.

[Amended 9-27-2005 by Ord. No. 05-OR-024]

Appointment. The Zoning Board of Adjustment shall be appointed by the Township Council of the Township of Burlington.

Term. Members of the Zoning Board of Adjustment shall be appointed for terms of four years, which shall run from January 1 of the year of their appointment. The terms of members first appointed shall be so determined that to the greatest practical extent the expiration of such terms shall be distributed evenly over the first four years after their appointment, provided that the initial term of no member shall exceed four years. Nothing in this chapter shall, however, be construed to affect the term of any present member of the Zoning Board of Adjustment, all of whom shall continue in office until the completion of their term for which they may hold any elected office or position under the municipality. The terms of alternate members first appointed shall be so determined that to the greatest practical extent the expiration of such terms shall be distributed evenly over the first two years after their appointment, provided that the initial term of no alternate member shall exceed two years.

Vacancy. All appointments to fill vacancies caused other than by expiration of a member's term shall be filled for the unexpired term only.

(5)

Officers. At the annual reorganization meeting of the Zoning Board of Adjustment, the Board shall from among its members select a Chairman who shall preside at all meetings of the Zoning Board of Adjustment. In addition, the Board of Adjustment shall select one of its members to serve as Secretary of the Zoning Board of Adjustment, who with the administrative assistance of the Office of Licensing and Inspection shall cause the clerical duties of the Board to be accomplished.

(6)

Compensation. The Zoning Board of Adjustment members shall not receive compensation for the performance of their duties as Board members.

(7)

Powers of alternate members. Alternate members may participate in discussions of the proceedings but may not vote except in the absence or disqualification of a regular member. 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.

Meetings.

Regular meetings. The Zoning Board of Adjustment at its annual reorganization meeting shall determine the date when it will hold its regular meetings, which shall occur not less than once a month.

Change of regular meetings. Where it becomes necessary during the holidays or other cause to change the date of a regularly scheduled meeting, the Zoning Board of Adjustment shall by resolution provide for an alternate date, causing proper notice to be published in a newspaper of general circulation within the municipality of the proposed change.

Special meetings. Special meetings of the Zoning Board of Adjustment will be held at the call of the Chairman, which call shall conform to the procedures outlined by the Board in its rules and regulations.

Conduct of meeting. The Chairman or, in his absence, a member of the Board selected at the meeting to be the Acting Chairman shall during the meeting of the Board act as its presiding officer, and in this connection he may administer oath and compel the attendance of witnesses. The Chairman shall see that the minutes of the meeting show the vote of each member upon questions, or if the member is absent or fails to vote that the minutes reflect this act. The Board shall in addition keep records of its examinations and other official action, all of which shall be immediately filed in the office of the Board and constitute a public record. Specifically, action by the Board in the conduct of its meeting and the holding of hearings shall conform with the procedural requirements of N.J.S.A. 40:55D-9 and 40:55D-10.

Rules and regulations. The Board shall have the power to adopt such further rules and regulations as may be necessary to carry into effect the provisions and purposes of this chapter and the enabling legislation. Said rules and regulations shall be in writing and shall be filed in the office of the Administrative Officer and shall constitute a public record. In the issuance of subpoenas, administration of oath, 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.

Powers of the Board of Adjustment. The powers of the Board of Adjustment shall be in accordance with N.J.S.A. 40:55D-69 et seq., and the amendments and supplements thereto, and it is the intent of this chapter to confer upon the Zoning Board of Adjustment full and complete power as the law may provide, including but not limited to the following:

Powers granted by law.

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 this chapter.

To hear and decide requests for interpretation of the Zoning Map or this chapter, or for decisions upon other special questions upon which such Board is authorized by this chapter to pass. Where a written inquiry as to whether a proposed land use is permissible under the Zoning Map or this chapter, the Board of Adjustment shall issue a written response within 45 days after the next meeting following receipt of the request or within such additional time as may be consented to by the inquirer.

Where by reason of exceptional narrowness, shallowness, or shape of a specific piece of property, or by reason of exceptional topographical conditions, or by reason of other extraordinary and exceptional situation or condition of such piece of property the strict application of any regulation in this chapter would result in peculiar and exceptional practical difficulties to or exception 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, including a variance shall be granted under this subsection to allow a structure or use, and provided, further, that the proposed development does not require approval by the Planning Board of a subdivision, site plan or conditional use in conjunction with which the Planning Board shall review a request for a variance pursuant to Section 47A of the Municipal Land Use Law of 1975 (N.J.S.A. 40:55D-1 et seq.).

In particular cases and for special reasons, grant a variance to allow departure from regulations pursuant to this chapter, including, but not limited to, allowing a structure or use in a district restricted against such structure or use, but only by the affirmative vote of at least five members.

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. Any application under any subsection of this section may be referred to any appropriate person or agency, including the Planning Board, for its report, provided that such reference shall not extend the period of time within which the Zoning Board of Adjustment shall act.

Additional powers. The Zoning Board of Adjustment shall, in addition to the powers specified above, have the powers given by law 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 drainageway, flood control basin or public area reserved on the Official Map.

Direct the issuance of a permit pursuant to N.J.S.A. 40:55D-36 for a building or structure not related to a street.

The Zoning Board of Adjustment shall have the power to grant, to the same extent and subject to the same restrictions as the Planning Board, subdivision or site plan approval pursuant to Article 5 of Chapter 291 P.L. 1975, 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 pursuant to Subsection E(1)(d) above.

Procedures. Appeals to the Zoning Board of Adjustment may be taken by any person aggrieved or by an officer, department, board or bureau of the municipality affected by any decisions of the Administrative Officer.

Manner of appeal.

Appeals from an administrative decision. Appeals to the Zoning Board of Adjustment may be taken by any interested party affected by any decision of an Administrative Officer of the Township based or made in the enforcement of the Zoning Ordinance or Official Map. Such appeal shall be taken within 20 days of filing one copy of the notice of appeal with the officer from whom the appeal is taken and three copies of the notice of appeal with the Secretary of the Zoning Board of Adjustment. Said notices of appeal shall specify the grounds for said appeal. The officer from whom the appeal is taken shall forthwith transmit to the Board all papers constituting the record upon which such action appealed from was taken.

Original jurisdiction. Applications addressed to the original jurisdiction of the Board of Adjustment without prior application to the Administrative Officer shall be filed with the Secretary of the Zoning Board of Adjustment. Three copies of the application shall be filed. At the time of filing the appeal or application, but in no event less than 10 days prior to hearing, the applicant shall also file all plot plans, maps or other papers required by virtue of any provisions under the Code of the Township of Burlington or any rule of the Board of Adjustment. The applicant shall also obtain all necessary forms from the Secretary of the Zoning Board of Adjustment. The Secretary of the Board shall inform the applicant of the steps to be taken to initiate the proceedings and of the regular meeting dates of the Board.

Appeal stays all proceedings. An appeal stays all proceedings in furtherance of the action in respect of which the decision appealed from was made, unless the officer from whom the appeal is taken certifies to the Board of Adjustment after the notice of appeal shall have been filed with him that by reason of the 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 Board of Adjustment 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.

Except as otherwise provided by the Code of the Township of Burlington, each application made for a variance, or appeal, shall be accompanied by the fee set forth in § 330-28, Schedule of fees and escrow sums.[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

Procedure. The Board of Adjustment shall act in strict accordance with the procedural requirements specified under N.J.S.A. 40:55D-9 through 40:55D-12 and N.J.S.A. 40:55D-69 et seq.

Power to reverse or modify decisions. In exercising the above-mentioned power, the Board of Adjustment may, in conformity with the provisions of 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 as ought to be made and, to that end, have all the powers of the Administrative Officer from whom the appeal is taken.

(5)

Time for decision.

The Board of Adjustment shall render is decision not later than 120 days after the date:

That an appeal is taken from the decision of an administrative officer; or

Of the submission of a complete application for development to the Board pursuant to the provisions of N.J.S.A. 40:55D-70(b).

Failure of the Board to render a decision within the one-hundred-twenty-day period or within such further time as may be consented to by the applicant shall constitute a decision favorable to the applicant.

Personnel: experts and staff. The Zoning Board of Adjustment may also employ or contract for and fix compensation of such experts and other staff and services as may be necessary, provided that the positions and personnel are more particularly described within this chapter and funds have been provided for the services to be rendered. The Board shall not authorize expenditures which exceed, exclusive of gifts or grants, the amount appropriated by the Township Council for its use. The Board shall specifically have the power to appoint the following positions.

Board attorney.

Generally. In accordance with the requirements of law, the Zoning Board of Adjustment shall have the power, right and responsibility to employ an attorney to advise the Board as to its legal rights. Said appointee shall be answerable and responsible to the Board which appoints him. Said attorney shall take action independent of any action taken by the Township Solicitor in accordance with the principles of law.

Term. The Board attorney shall be appointed for a term of one year, commencing on January 1 of the year of appointment.

Qualifications. The person appointed Board attorney shall be a licensed attorney within the State of New Jersey and possess such other qualifications of ability and experience which the Board shall deem necessary to perform the duties of the office.

Compensation. The Board attorney shall receive reasonable fees and charges for legal services as are provided for the Board.

Duties. The Board attorney shall be the legal advisor to the Zoning Board of Adjustment. He shall prosecute and defend actions by and against the Board. In furtherance of these powers and without limitation thereto, he shall:

Advise the Board as to the form and sufficiency of all actions prior to their effectiveness.

Review and approve all contracts, documents and instruments prior to the execution thereof by or on behalf of the Board.

Conduct appeals from orders, decisions or judgments affecting any interest of the Board as he may, in his discretion, determine to be necessary or desirable, or as directed by the Board.

Subject to the approval of the Board, have power to enter into any agreement, compromise or settlement of any litigation in which the Board is involved.

[5]

Maintain a record of all actions, suits, proceedings and matters which relate to the Board's interest, and report thereon from time to time as the Board may require.

Administrative officer. The Building Inspector of the Township of Burlington shall be deemed the "administrative officer" to perform the services that said position entails under the provisions of N.J.S.A. 40:55D-1 et seq., and he shall be appointed in conformity with the provisions of § 20-37H of the Code of the Township of Burlington.

Board engineer.

Generally. In accordance with the requirements of law, the Zoning Board of Adjustment shall have the power, right and responsibility to employ a licensed professional engineer to advise the Board as to engineering matters. Said appointee shall be answerable and responsible to the Board which appoints him. Said engineer shall take action independent of any action taken by the Township Engineer in accordance with the prevailing principles of law.

Term. The Board engineer shall be appointed for a term of one year commencing on January 1 of the year of appointment and terminating on December 31 of the year of appointment.

Qualifications. The person appointed Board engineer shall be a licensed professional engineer within the State of New Jersey and possess such other qualifications, ability and experience which the Board shall deem necessary to perform the duties of the office.

Compensation. The Board engineer shall receive reasonable fees and charges for engineering services as are provided for by the Board.

Duties. The Board engineer shall be the advisor on engineering matters to the Zoning Board of Adjustment. In this connection, he shall review all plans and documents received by the Zoning Board of Adjustment for its action and make specific recommendations concerning said matters. In furtherance of these powers and without limitation thereon, he shall advise the Board as to the form and sufficiency of all plans, plats and details submitted to the Zoning Board of Adjustment for its review and approval prior to its approval.

Review and approve all construction made pursuant to any plat or plan approved by the Zoning Board of Adjustment to the extent that said action is not inconsistent with the responsibility of the Township Engineer and the Planning Board engineer.

Recommend to the Zoning Board of Adjustment practices, procedures, rules and regulations which the Board engineer deems advisable to enact to ensure that proper engineering standards are followed in all matters to which the Board is asked to give its approval.

Make recommendations and suggestions with regard to engineering matters relating to the Master Plan, Zoning Ordinance, Site Plan Review Ordinance and any other ordinance within the Board's jurisdiction which the engineer, pursuant to the request, deems advisable.

Perform such other duties as the Zoning Board of Adjustment shall by motion or resolution require.

(f)

Termination or expiration of term. Upon the termination of the services of the Board engineer or upon expiration of his term, the Board engineer shall be deemed relieved of all obligation previously given to the Board engineer by the Zoning Board of Adjustment, and no further compensation shall be paid for any anticipated earnings, except that the Board engineer is entitled to receive his reasonable fees for services previously rendered to the extent that said services are performed.

§ 330-127 Planning Board.

Organization.

Creation. Pursuant to the provisions of N.J.S.A. 40:55D-1 et seq., the Municipal Land Use Law (Chapter 291, P.L. 1975), a Township Planning Board to consist of nine members is hereby created.

Membership. Members comprising said Planning Board shall consist of and be divided into, for convenience in designating the manner of appointment, the following four classes:[1]

Class I: The Mayor or the Mayor's designee in the absence of the Mayor.

Class II: One of the officials of the municipality other than a member of the Township Council, to be appointed by the Mayor, provided that, if there be an Environmental Commission, the member of the Environmental Commission who is also a member of the Planning Board, as required by N.J.S.A. 40:56A-1, shall be deemed to be the Class II Planning Board member for purposes of this chapter in the event that there be among the Class IV or alternate members of the Planning Board both a member of the Zoning Board of Adjustment and a member of the Board of Education.

Class III: A member of the Township Council to be appointed by it.

Class IV: Six other citizens of the municipality to be appointed by the Mayor. The members of Class IV shall hold no other municipal office, position or employment, except that one member be a member of the Zoning Board of Adjustment and one may be a member of the Board of Education. The member of the Environmental Commission who is also a member of the Planning Board, as required by N.J.S.A. 40:56A-1, shall be a Class IV member of the Planning Board unless there be among the Class IV members of the Planning Board both a member of the Zoning Board of Adjustment and a member of the Board of Education, in which case the member of the Environmental Commission shall be deemed to be the Class II member of the Planning Board.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

Compensation. All members of the Board shall serve as such without compensation.

Terms.

The term of the member composing Class I shall correspond to the Mayor's official tenure or, if the member is the Mayor's designee in the absence of the Mayor, the designee shall serve at the pleasure of the Mayor during the Mayor's 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 the Class II 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.[2]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

The term of a Class IV member who is also a member of the Board of Adjustment or Board of Education shall terminate whenever he is no longer a member of such other body or at the completion of the Class IV term, whichever occurs first. 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 evenly distributed over the first four years after their appointment, as determined by resolution of the Township Council; provided, however, that the term of any member shall not exceed four years and further provided that nothing herein shall affect the term of any present member of the Planning Board, all of whom shall continue in office until the completion of their terms for which they were appointed. In the event that a member shall resign from the Planning Board and leave an unexpired term, appointment shall be made to fill the unexpired term only. 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 is made.

(5)

Alternate members.

There shall be appointed by the Mayor two alternate members for Class IV members. Alternate members shall meet the qualifications of and be subject to the restrictions placed upon Class IV members set forth in § 330-127A(2) of this chapter and N.J.S.A. 40:55D-23.

Alternate members shall be designated at the time of appointment by the Mayor as "Alternate No. 1" and "Alternate No. 2."

Alternate members shall serve two-year terms. The terms of both alternate members shall not expire in any one year. In no instance shall the terms of the alternate members first appointed exceed two years.

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 public hearing if he requests one, be removed by the governing body for cause.

Alternate members may participate in discussion 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.

(6)

Vacancy. If a vacancy of any class or alternate shall occur, otherwise than by expiration of the term, it shall be filled by appointment as above provided for the unexpired term.

(7)

Advisory committee. The Mayor may appoint one or more persons as a citizens advisory committee to assist or collaborate with the Planning Board in its duties, but such person or persons shall have no power to vote or take other action required by the Board. Such person or persons shall serve at the pleasure of the Mayor.

Rules and regulations.

In general. The Board shall adopt written rules and regulations as it deems necessary to carry into effect the provisions and purposes of this chapter. Such rules and regulations, and amendments thereto, shall be maintained in the office of the Administrative Officer and shall be available for public inspection pursuant to the provisions of N.J.S.A. 40:55D-8a. 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.

Organization of the Board. The Planning Board shall elect a Chairman and Vice Chairman from the members of Class IV and shall select a Secretary, who may be either a member of the Planning Board or a municipal employee designated by it.

Powers and duties.

Generally. The Planning Board is authorized to adopt rules and regulations governing its procedural questions. It shall also have the following powers and duties:

To make and adopt and from time to time or amend a Master Plan for the physical development of the Township, including any areas outside its boundaries which in the Board's judgment bear essential relation to the planning of the Township, in accordance with the provisions of N.J.S.A. 40:55D-28.

To administer the provisions of the Land Subdivision Ordinance and Site Plan Review Ordinance of the Township in accordance with the provisions of said ordinances and the Municipal Land Use Law of 1975, N.J.S.A. 40:55D-1 et seq.

To participate in the preparation and review of programs or plans required by state or federal law or regulations.

To assemble data on a continuing basis as part of a continuous planning process.

To annually prepare a program of municipal capital improvement projects projected over a term of six years, and amendments thereto, and recommend same to the governing body.

(f)

To consider and make report 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. 40:55D-26(a) and also pass upon other matters specifically referred to the Planning Board by the Township Council pursuant to the provisions of N.J.S.A. 40:55D-26(b).

(g)

When reviewing applications for approval of subdivision plats, site plans or conditional uses, to grant the following to the same extent and subject to the same restrictions as the Zoning Board of Adjustment: variances pursuant to subsection 57c of the Municipal Land Use Law; direction pursuant to Section 25 of said Act for issuance of permits for building or structure in the bed of a mapped street or public drainageway, flood control basin or public area reserved pursuant to Section 23 of said Act; and direction pursuant to Section 27 of said Act for 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 reference to the request for a variance or direction for issuance of a permit, as the case may be.

(h)

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.

Personnel: experts and staff. The Planning Board may employ or contract for the services of experts and other staff and services as it may deem necessary, provided that the position is set forth within this chapter and further provided that adequate appropriations are made available for utilization by the Board in funding the position. The Board shall not exceed, exclusive of gifts or grants, the amount appropriated by the governing body for its use. The positions established pursuant to the provisions of this chapter are as follows:

Board attorney.

Generally. In accordance with the requirements of law, the Planning Board shall have the power, right and responsibility to employ an attorney to advise the Board as to its legal rights. Said appointee shall be answerable and responsible to the Board which appoints him. Said attorney shall take action independent of any action taken by the Township Solicitor in accordance with the principles of law.

Term. The Board attorney shall be appointed for a term of one year, commencing on January 1 of the year of appointment.

Compensation. The Board attorney shall receive reasonable fees and charges for the legal services as are provided for the Board.

Duties. The Board attorney shall be the legal advisor to the Planning Board. He shall prosecute and defend actions by and against the Board. In furtherance of these powers and without limitation thereto, he shall:

Advise the Board as to the form and sufficiency of all actions prior to their effectiveness.

Review and approve all contracts, documents and instruments prior to the execution thereof by or on behalf of the Board.

Conduct appeals from orders, decisions or judgments affecting any interest of the Board as he may, in his discretion, determine to be necessary or desirable, or as directed by the Board.

Subject to the approval of the Board, have power to enter into any agreement, compromise or settlement of any litigation in which the Board is involved.

[5]

Maintain a record of all actions, suits, proceedings and matters which relate to the Board's interest, and report thereon from time to time as the Board may require.

[6]

Have such other different functions, powers and duties as may be provided by the Board, state law, or administrative directive.

Board engineer.

Generally. In accordance with the requirements of law, the Planning Board shall have the power, right and responsibility to employ a licensed professional engineer to advise the Board as to engineering matters. Said appointee shall be answerable and responsible to the Board which appoints him. Said engineer shall take action independent of any action taken by the Township Engineer in accordance with the prevailing principles of law.

Term. The Board engineer shall be appointed for a term of one year commencing on January 1 of the year of appointment and terminating on December 31 of the year of appointment.

Compensation. The Board engineer shall receive reasonable fees and charges for engineering services as are provided for by the Board.

Duties. The Board engineer shall be the advisor on engineering matters to the Planning Board. In this connection, he shall review all plans and documents received by the Planning Board for its action and make specific recommendations concerning said matters. In furtherance of these powers and without limitation thereof, he shall advise the Board as to the form and sufficiency of all plans, plats and details submitted to the Planning Board for its review and approval prior to its approval.

Review and approve all construction made pursuant to any plat or plan approved by the Planning Board to the extent that said action is not inconsistent with the responsibility of the Township Engineer.

Recommend to the Planning Board practices, procedures, rules and regulations which the Board engineer deems advisable to enact to ensure that proper engineering standards are followed in all matters to which the Board is asked to give its approval.

Study, recommend and devise plans and materials which the Board desires to further aid the Board in making specific recommendations to the Mayor and Council for changes in ordinances in existence within the Township.

[5]

Perform such other duties as the Planning Board shall by motion or resolution require.

(f)

Termination or expiration of term. Upon the termination of the services of the Board engineer or upon expiration of his term, the Board engineer shall be deemed relieved of all obligation previously given to the Board engineer by the Planning Board and no further compensation shall be paid for any anticipated earnings, except that the Board engineer is entitled to receive his reasonable fees for services previously rendered to the extent that said services are performed.