A.
There is hereby established pursuant to P.L. 1975,
c. 291,[1] in the Borough of Emerson a Land Use Board of nine members,
consisting of the following four classes:
(1)
Class I: the Mayor.
(2)
Class II: one of the officials of the municipality
other than a member of the governing body, to be appointed by the
Mayor. Should the municipality have an Environmental Commission, a
member of that Commission elected by it shall be a member of the Planning
Board, as required by N.J.S.A. 40:56A-1. This person shall be considered
a Class II Planning Board member only if there are appointed to the
Planning Board a member from the Zoning Board of Adjustment and a
member of the Board of Education. In this event, the Mayor shall make
no appointment to this class.
(3)
Class III: a member of the governing body, to be appointed
by it.
(4)
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, except that one member may be a member of
the Zoning Board of Adjustment and one may be a member of the Board
of Education. A member of the Environmental Commission, if there is
one, who must be a member of the Planning Board as required by N.J.S.A.
40:56A-1, shall be a Class IV Planning Board member unless there are
appointed 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, as
stated above.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
B.
The Mayor may appoint alternate members in Class IV.
Such alternate members shall not exceed four in Class IV. Alternate
members of said class shall be appointed by the appointing authority
for that class for two-year terms to expire at the end of the second
year, except that the term of not more than two alternate members
shall expire in any one year; and provided, further, that in no instance
shall the terms of the alternate members first appointed exceed two
years. In the event more than two alternate members are appointed
in the same year, then in such event the third and/or fourth such
members appointed shall serve for a period of one year. An alternate
member of said class shall be entitled to sit with and participate
as a member in any hearing before the Board. An alternate member of
said class who has attended the full hearing or hearings may participate
in the Board’s decision during the absence or disqualification
of any regular member of the same class. In the event that four alternate
members of Class IV are appointed, they shall be designated by the
Chair as "Alternate No. 1," "Alternate No. 2," "Alternate No. 3,"
and "Alternate No. 4" and shall participate in the Board’s decision
during the absence or disqualification of any regular member or members
of Class IV. In the event that a choice must be made as to which alternate
member is to vote, Alternate No. 1 shall vote.
[Added 12-28-1984 by Ord. No. 862; amended 4-6-2010 by Ord. No. 1396]
A.
The term of the member composing Class I shall correspond
with his official tenure. The terms of the members composing Class
II and Class III shall be for one year or terminate at the completion
of their respective terms of office, whichever occurs first, except
for a Class II member who is also a member of the Environmental Commission.
The term of a Class II or a 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 comes first.
B.
The term of a Class IV member who is also a member
of the Board of Adjustment or the Board of Education shall terminate
whenever he is no longer a member of such other body or at the completion
of his Class IV term, whichever occurs first.
C.
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 appointments, as determined
by resolution of the governing body; provided, however, that no term
of any member shall exceed four years, and further provided that nothing
herein shall affect the terms of any present members 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.
If a vacancy of any class shall occur otherwise
than by expiration of term, it shall be filled by appointment, as
above provided, for the unexpired term.
[Amended 2-18-2003 by Ord. No. 1218]
The Land Use Board shall elect a Chair and Vice
Chair from the members of Class IV and select a Clerk who may be either
a member of the Land Use Board or a municipal employee designated
by it.
There is hereby created the office of Land Use
Board Attorney. The Land Use Board may annually appoint and fix the
compensation of or agree upon the rate of compensation of the Land
Use Board Attorney, who shall be an attorney other than the Municipal
Attorney.
The Land Use Board may also employ or contract
for the services of experts and other staff and services as it may
deem necessary. The Board shall not, however, exceed, exclusive of
gifts or grants, the amount appropriated by the governing body for
its use.
The Board shall adopt such rules and regulations
as may be necessary to carry into effect the provisions and purposes
of this chapter. In the issuance of subpoenas, administration of oaths
and taking of testimony, the provisions of the County and Municipal
Investigations Law of 1953 (N.J.S.A. 2A:67A-1 et seq.) shall apply.
It shall also have the following powers and duties:
A.
To make and adopt and from time to time amend a Master
Plan for the physical development of the municipality, including any
areas outside its boundaries which, in the Board's judgment, bear
essential relation to the planning of the municipality, in accordance
with the provisions of N.J.S.A. 40:55D-28.
C.
To approve conditional use applications in accordance with the provisions of Chapter 290, Zoning, pursuant to N.J.S.A. 40:55D-67.
D.
To participate in the preparation and review of programs
or plans required by state or federal law or regulations.
E.
To assemble data on a continuing basis as part of
a continuous planning process.
F.
To annually prepare a program of municipal capital
improvement projects projected over a term of six years, and amendments
thereto, and recommend the same to the governing body.
G.
To consider and make a report to the governing body
within 35 days after the first regularly scheduled meeting next subsequent
to the receipt of any proposed development regulation submitted to
it pursuant to the provisions of N.J.S.A. 40:55D-26a 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-26b.
H.
When reviewing applications for approval of subdivision
plats, site plans or conditional uses, to grant variances pursuant
to Section 57c of P.L. 1975, c. 291 (N.J.S.A. 40:55D-70c), from lot
area, lot dimensional, setback and yard requirements, provided that
such relief from lot area requirements shall not be granted for more
than one lot. 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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
I.
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.
J.
To administer and implement the Site Plan Review Ordinance of the Borough of Emerson, known as Chapter 236 of the Code of Emerson, also known as Ordinance No. 652, adopted September 23, 1975, and any supplements or amendments thereto.
K.
The Land Use Board shall also have the following powers formerly exercised by the Zoning Board of Adjustment, including all powers authorized by the Municipal Land Use Law and specifically N.J.S.A. 40:55D-69 et seq., except that the Class I and Class III members of the Land Use Board shall not participate in applications for development which involve relief pursuant to Subsection d of N.J.S.A. 50:55D-70, and further provided that 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 Chapter 290, Zoning:
[Added 4-6-2010 by Ord. No. 1396]
(1)
Hear and decide appeals where it is alleged by the appellant that there is error in any order, requirement, decision or refusal made by an administrative official or agency, based on or made in the enforcement of Chapter 290, Zoning.
(3)
Where, by 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 situations or conditions of such piece of property, the strict application of any regulation in Chapter 290, Zoning, would result in peculiar and exceptional practical difficulties to or exceptional and undue hardship upon the owner of such property, grant, upon an application or an appeal relating to such property, a variance from such strict application 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, and further provided that the proposed development does not require approval by the Land Use Board of a subdivision, site plan or conditional use, in conjunction with which the Land Use Board shall review a request for a variance pursuant to Section 47a of the Municipal Land Use Law of 1975, P.L. 1975, c. 291.[1]
[1]
Editor’s Note: See N.J.S.A. 40:55D-60a.
(4)
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 full authorized
membership of the Board.
(5)
Direct
issuance of a permit pursuant to N.J.S.A. 40:55D-34 for a building
or structure in the bed of a mapped street or public drainageway,
flood control basin or public area reserved on the Official Map.
(6)
Direct
issuance of a permit pursuant to N.J.S.A. 40:55D-36 for a building
or structure not related to a street.
(7)
Grant subdivision or site plan approval pursuant to Article 6 of P.L. 1975, c. 291, 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 Article I, § 47-7K(4) of this chapter. An application under 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.
(8)
To hear
and decide appeals from determinations made by the Borough Construction
Code Official, in accordance with Chapter 232 of this Code, specifically
with respect to denial by the Construction Code Official to issue
or renew any permit or license pursuant to Chapter 232 of the Code
of the Borough of Emerson and to grant relief where it is determined
that the same can be granted without detriment to the public good.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
[Added 4-6-2010 by Ord. No. 1396]
A.
Appeals
and applications to the Land Use Board shall be as provided in N.J.S.A.
40:55D-72.
B.
Appeals
to the governing body from a decision of the Land Use Board shall
be as provided in N.J.S.A. 40:55D-17.
C.
An appeal from any final decision of the Land Use Board relating to any action taken pursuant to § 47-8A or B of Article I of this chapter may be taken to the governing body, provided that such appeal shall be taken in accordance with N.J.S.A. 40:55D-17. Concurrent with an appeal taken from any final decision of the Land Use Board as stated above to the governing body shall be a request from the applicant to the Clerk of the Land Use Board for a transcript of the proceedings in question along with a request for an estimate for a deposit of fees for the transcript, said fees being set forth in § 47-26B hereof. The Clerk of the Land Use Board shall advise the applicant of the amount of deposit, and the transcript shall not be prepared until the receipt of the same. In the event that the cost of the transcript exceeds the amount of the deposit, the applicant shall pay the additional sum required before the transcript is released. In the event that the amount of the deposit exceeds the cost of the transcript, the excess of the same shall be returned to the applicant with the transcript.
A.
Minor subdivisions. Minor subdivision approvals shall
be granted or denied within 45 days of the date of submission, which
shall mean the first regular meeting of the Land Use Board next subsequent
to the date of receipt of a complete application and plans to the
Land Use Board, or within such further time as may be consented to
by the applicant. 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 provisions
of the Map Filing Law,[1] or a deed clearly describing the approved minor subdivision,
is filed by the developer with the county recording officer, the Municipal
Engineer and the Municipal Tax Assessor. Any such plat or deed must
be signed by the Chair and Clerk of the Land Use Board before it will
be accepted for filing by the county recording officer. The Land Use
Board, in its discretion, may waive public hearing and notice for
minor subdivisions.
[Amended 2-18-2003 by Ord. No. 1218]
[1]
Editor's Note: See N.J.S.A. 46:26B-1 et seq.
B.
Preliminary approval of major subdivisions.
(1)
The developer shall submit to the Administrative Officer
of the Land Use Board a plat and such other information as is reasonably
necessary to make an informed decision as to whether the requirements
necessary for preliminary approval have been met. The plat and any
other engineering documents submitted shall be required in tentative
form for discussion purposes for preliminary approval. If the application
for development is incomplete, the developer shall be notified by
the Board within 45 days of the date of submission, which shall mean
the first regular meeting of the Land Use Board next subsequent to
the date of receipt of said application, or said application shall
be deemed to be properly submitted.
[Amended 2-18-2003 by Ord. No. 1218]
(2)
If the Land Use Board requires any substantial amendments
in the layout of improvements proposed by the developer that have
been the subject of the hearing, an amended application shall be submitted
and proceeded upon as in the case of the original application for
development. The Land Use Board shall, if the proposed subdivision
is in compliance with all the terms and conditions required, grant
preliminary approval to the subdivision.
(3)
Upon submission of a complete application for a subdivision
of 10 or fewer lots, the Land Use Board shall grant or deny preliminary
approval within 45 days of submission, as defined aforesaid, of a
complete application to the Land Use Board or within such further
time as may be consented to by the developer. Upon submission of a
complete application for a subdivision of more than 10 lots, the Land
Use Board shall grant or deny preliminary approval within 95 days
of submission, as defined aforesaid, of a complete application to
the Land Use Board, or within such further time as may be consented
to by the developer. Otherwise, the Land Use Board shall be deemed
to have granted preliminary approval for the subdivision.
C.
Ancillary powers. Whenever the Land Use Board is called
upon to exercise its ancillary powers before the granting of a variance
as set forth in this chapter, the Land Use Board shall grant or deny
approval of the application within 120 days of the date of submission,
as defined aforesaid, of a complete application to the Land Use Board
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 of the application, and a certificate of
the Clerk of the Land Use Board as to the failure of the Land Use
Board to act shall be issued on request of the applicant.
[Amended 2-18-2003 by Ord. No. 1218; at time of adoption
of Code (see Ch. 1, General Provisions, Art. I)]
D.
Final approval.
(1)
Application for final subdivision approval shall be
granted or denied within 45 days of the date of submission, as defined
aforesaid, of a complete application to the Land Use Board by the
developer or within such further time as may be consented to by the
applicant.
(2)
Final approval of a major subdivision shall expire
95 days from the date of signing of the plat unless, within such period,
the plat shall have been duly filed by the developer with the county
recording officer. 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 signing of the plat.
[Amended 2-18-2003 by Ord. No. 1218; 4-20-2021 by Ord. No. 1627-21; 4-20-2021 by Ord. No. 1631-21]
Applications for development within the jurisdiction of the
Land Use Board, pursuant to the provisions of P.L. 1975, c. 291,[1] shall be filed with the Administrative Officer of the
Land Use Board. The applicant shall file at least 10 days before the
date of the next regular meeting of the Board 10 copies of a sketch
plat, 10 copies of an application for minor subdivision approval,
10 copies of an application for major subdivision approval or 10 copies
of an application for site plan review, conditional use approval or
planned development. At the time of filing the application, but in
no event less than 10 days prior to the date set for hearing, the
applicant shall also file all plot plans, maps or other papers required
by virtue of any provision of this chapter or any rule of the Land
Use Board. In addition, one complete set of all documents must also
be submitted electronically. The applicant shall obtain all necessary
forms from the Clerk of the Land Use Board. The Clerk of the Board
shall inform the applicant of the steps to be taken to initiate applications
and of the regular meeting dates of the Board.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
The Mayor may appoint one or more persons as
a Citizens' Advisory Committee to assist or collaborate with the Land
Use Board in its duties, but such person or persons shall have no
power to vote or take other action required of the Board. Such person
or persons shall serve at the pleasure of the Mayor.
Whenever the Environmental Commission has prepared
and submitted to the Land Use Board an index of the natural resources
of the municipality, the Land Use Board shall make available to the
Environmental Commission an informational copy of every application
for development to the Land Use Board. Failure of the Land Use Board
to make such informational copy available to the Environmental Commission
shall not invalidate any hearing or proceeding.
