The Planning Board shall elect a Chairman and
Vice Chairman from the members of Class IV. The Zoning Board of Adjustment
shall elect a Chairman and Vice Chairman from its members. Both Boards
shall select a Secretary and Assistant Secretary, who may be members
of the Board or municipal employees.
There is hereby created the office of Planning
Board Attorney and the office of Attorney to the Zoning Board of Adjustment.
Each Board may annually appoint, fix the compensation of or agree
upon the rate of compensation of their respective Board Attorney,
who shall be an attorney other than the Municipal Attorney.
A.
The Planning Board and the Zoning Board of Adjustment
may annually employ or contract for the services of experts and other
staff and services as they may deem necessary. The staff of the Board
may include, but shall not be limited to, a clerk or administrative
clerk. The Board shall not authorize expenditures which exceed, exclusive
of gifts or grants, the amount appropriated by the governing body
for its use.
B.
Board engineer. The Planning Board and the Zoning
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. The term of such appointment shall
be an annual appointment. The Board engineer shall be the advisor
on engineering matters to the Board he represents. However, all review
of plans, documents, whether for subdivision, site plan or variance;
the approval of any and all plats or plans and the signing thereof,
the review, inspection and approval of all construction made pursuant
to any plats or plans approved by either of the Boards, shall be the
sole responsibility and duty of the Township Engineer.
Each Board shall adopt such rules and regulations
as may be necessary to carry into effect the provisions and purposes
of this chapter. In the issuance of subpoenas, administration of oaths
and taking of testimony, the provisions of the County and Municipal
Investigations Law of 1953 (N.J.S.A. 2A:67A-1 et seq.) shall apply.
No member of the Planning Board or Zoning Board
of Adjustment shall act on any matter in which he has, either directly
or indirectly, any personal or financial interest. Whenever any such
member shall disqualify himself from acting on a particular matter,
he shall not continue to sit with the Board on the hearing of such
matter nor participate in any discussion or decision relating thereto.
A.
Meeting of both the Planning Board and the Zoning
Board of Adjustment 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 provided for at the call of
the Chairman or on the request of any two Board members, which meetings
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.
Minutes of every regular or special meeting
shall be kept and shall include the names of the persons appearing
and addressing the Board and of the persons appearing by attorney,
the action taken by the Board, the findings, if any, made by it and
reasons therefor. The minutes shall thereafter be made available for
public inspection during normal business hours at the office of the
Municipal Clerk. Any interested party shall have the right to compel
production of the minutes for use as evidence in any legal proceeding
concerning the subject matter of such minutes. Such interested party
may be charged a fee for reproduction of the minutes for his use as
provided for in the rules of the Board.
A.
Rules. The Planning Board and Zoning Board of Adjustment
may make rules governing the conduct of hearings before such bodies,
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 or
issue subpoenas to compel the attendance of witnesses and the production
of relevant evidence, including witnesses and documents presented
by the parties, and the provisions of the County and Municipal Investigations
Law, P.L. 1953, c. 1938 (N.J.S.A. 2A:67A-1 et seq.), shall apply.
C.
Testimony. The testimony of all witnesses relating
to an application for development shall be taken under oath or affirmation
by the presiding officer, and the right of cross-examination shall
be permitted to all interested parties through their attorneys, if
represented, or directly, if not represented, subject to the discretion
of the presiding officer and to reasonable limitation 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. 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.
A.
Hearings shall be required with respect to submission
of a preliminary plat for major subdivision and all applications to
the Zoning Board of Adjustment. Whenever a hearing is required on
an application for development, the applicant shall give notice thereof
as follows:
(1)
Public notice shall be given by publication in the
official newspaper of the municipality or in a newspaper of general
circulation in 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
serving a copy thereof on the owner as shown on the said current tax
duplicate or his agent in charge of the property or by mailing a copy
thereof by certified mail to the property owner at his address as
shown on the said current tax duplicate. A return receipt is not required.
Notice to a partnership owner may be made by service upon any partner.
Notice to a corporate owner may be made by service upon its president,
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 addition to the notice required to be given pursuant to Subsection A(1) of this section 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 situate 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 Municipal Clerk pursuant to § 34-13B or Chapter 291, Laws of New Jersey 1975.[1]
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
B.
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.
C.
Any notice made by certified mail as hereinabove required
shall be deemed to be complete upon mailing in accordance with the
provisions of N.J.S.A. 40:55D-14.
D.
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; an 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 Municipal 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.
[Amended 5-7-1984 by Ord. No. 1984-12]
Pursuant to the provisions of N.J.S.A. 40:55D-12c, the Township Assessor shall, within seven days after receipt of a written request therefor and upon receipt of payment of a fee of $0.25 per name or $10, whichever is greater, make and certify a list from the current tax duplicate of names and addresses of owners of lands within this township to whom the applicant is required to give notice pursuant to § 34-22A(2) of this chapter.
[Added 12-7-1981 by Ord. No. 1981-28]
The time requirements to approve or disapprove an application for a development by the Planning Board or Zoning Board of Adjustment as set forth in §§ 34-5 and 34-11 of this chapter may be extended as consented to by the applicant, provided said extension shall expire on the last day of a specified calendar month.
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,
then to his attorney, without separate charge. A copy of the decision
shall also be mailed to all persons who have requested it and who
have paid the fee prescribed by the Board for such service. A copy
of the decision shall also be filed in the office of the 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 municipality.
[Amended 9-18-1989 by Ord. No. 1989-34; 3-15-2010 by Ord. No. 2010-3]
A brief notice of every final decision shall
be published in the official newspaper of the municipality. Such publication
shall be arranged by the Secretary of the Planning Board or Zoning
Board of Adjustment, as the case may be. The applicant shall pay an
additional fee of $40 at the time of submission of his initial application
to cover the cost. Said notice shall be sent to the official newspaper
for publication within 10 days of the date of any such decision.
Pursuant to the provisions of N.J.S.A. 40:55D-39
and 40:55D-65, every application for development submitted to the
Planning Board or to the Zoning Board of Adjustment 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 either 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 municipality will be adequately protected.
The fees as required in the township developmental
ordinances shall be continued until amended, with the addition of
those fees contained in this chapter. In the event that an application
contains a request for subdivision, variance and/or site plan approval,
the appropriate fee for each application made and approval requested
shall be submitted. Any charges made against any escrow account by
any professional on behalf of the township shall be charged against
the escrow at the same rate that said employee charges the township.
In no event shall any charge against an applicant's escrow exceed
the rate of billing which that particular township professional charges
the township or the rate at which said person receives remuneration
from the township. Said charges shall be made in accordance with a
statement of fees and billing filed by each such professional employee
with the township. A statement setting the rate for township billing
when the professional employee is engaged will be adequate. Said statement
shall be held to be operative and in effect until supplanted by a
new statement of fees and charges filed by the professional and accepted
by the township. A copy of said statement or schedule shall be available
to each applicant upon request.
[Added 12-15-1980 by Ord. No. 1980-38]
There exist provisions in the developmental
ordinances of the Township of Mount Laurel dealing with subdivision
or site plan approval by the Planning Board or variance approval by
the Zoning Board of Adjustment, said provisions hereinafter referred
to as "developmental provisions." Said developmental provisions shall
also be applicable to subdivisions, site plans and variances when
granted by another approved authority pursuant to the Municipal Land
Use Law.[1] Specifically, said developmental provisions shall also
be applicable to subdivisions, site plans and variances when granted
pursuant to the ancillary powers exercised by either Board when connected
with the appropriate application before that Board.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
[Added 7-2-1984 by Ord. No. 1984-23;
amended 4-19-1999 by Ord. No. 1999-2; 3-15-2010 by Ord. No.
2010-3; 4-22-2019 by Ord. No. 2019-17; 7-22-2019 by Ord. No. 2019-30]
A.
Pursuant to the provisions of N.J.S.A. 40:55D-39 and 40:55D-65, every
application for development 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 either 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 municipality will be adequately protected.
B.
No date for hearing shall be set until the administrative officer
of the Board certifies the application as complete.
C.
A complete application shall consist of the following:
(1)
A properly completed application form furnished by the municipality
or submission of all of the information required by such form.
(2)
Payment of the requisite fees and escrows.
(3)
If no taxes or assessments are delinquent, proof of payment
of taxes.
(4)
Plans and supporting documentation as required by this chapter.
D.
Mount Laurel Township Land Development Checklist, Appendix A-1 through
A-18.
E.
The filing fee for any conditional use shall be $200 plus an escrow
of $500, in addition to any fee required for site plan or subdivision
review in conjunction with conditional use review.
[Added 4-19-1999 by Ord. No. 1999-2]
The following fees shall be paid for requests
for retrieval of land use application records which are stored by
the township in separate storage areas not in the Township Municipal
Building:
[Added 4-19-1999 by Ord. No. 1999-2;
amended 3-15-2010 by Ord. No. 2010-3]
The following fees shall be paid for the listed
procedural items:
