There is hereby established, pursuant to N.J.S.A. 40:55D-1 et
seq. (Municipal Land Use Law), in the Township of Eastampton a Land
Use Planning Board, hereinafter sometimes called "Board," of nine
members consisting of the following classes:
A.
Class I: the Mayor or the Mayor's designee in the absence of
the Mayor. Said designee shall serve at the pleasure of the Mayor
during the Mayor's official tenure.
B.
Class II: one of the officials of the Township other than a member
of the Township Council, to be appointed by the Mayor.
C.
Class III: a member of the governing body to be selected by the governing
body.
D.
Class IV: six citizens of the Township of Eastampton to be appointed
by the Mayor. The members of the Class IV shall hold no other municipal
office. The present members of the Land Use Planning Board who hold
the present Class III shall be deemed to be Class IV members. A member
of the Environmental Commission who is also a member of the Land Use
Planning Board as required by N.J.S.A. 40:56A-1 shall be a Class IV
Land Use Planning Board member.
A.
The term of the member composing Class I shall correspond with his
official tenure. The term of the member composing Class II shall be
for one year or terminate at the completion of his term of office,
whichever occurs first. The term of a Class III member shall correspond
with his term of office. The term of the 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.
B.
The terms of all other Class IV members shall be for four years,
provided that nothing herein shall affect the term of any present
member of the Land Use Planning Board, each of whom shall continue
in office until the completion of the term for which he or she was
appointed. All terms shall run from January 1 of the year in which
the appointment was made. The terms of the two Class IV members first
appointed under this chapter shall be for two and four years, respectively,
from January 1 of the year of appointment.
The Township Council shall appoint two alternate members for
Class IV members who shall meet the qualifications of Class IV members.
Alternate members shall be designated by the Mayor at the time of
their appointment as "Alternate No. 1" and "Alternate No. 2." The
terms of the alternate members shall be for two years commencing from
January 1 of the year of their appointment, except that the terms
of the alternate members shall be such that the term of not more than
one alternate member shall expire in any one year; provided, however,
that in no instance shall the terms of the alternate members first
appointed exceed two years. Alternate members may participate in discussions
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.
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.
Any member other than a Class I member, after a public hearing
if he or she requests one, may be removed by the Township Council
for cause.
The Land Use Planning 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 Land Use Planning Board or a Township employee
designated by it.
There is hereby created the office of Land Use Planning Board
Attorney. The Land Use Planning Board may annually appoint and fix
the compensation of or agree upon the rate of compensation of the
Land Use Planning Board Attorney, who shall be an attorney other than
the Township Attorney, in an amount not exceeding the amount appropriated
by the Township Council for such purpose.
The Land Use Planning 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 exceed, however, exclusive of gifts
or grants, the amount appropriated by the Township Council for its
use.
The Land Use Planning Board is authorized to adopt bylaws governing
its procedural operation. 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 Township, in accordance with the provisions
of N.J.S.A. 40:55D-28.
B.
To administer the provisions of Chapter 460, Subdivision of Land and Site Plan Review, in accordance with the provisions of said chapter and the Municipal Land Use Law.
C.
To issue permits for conditional uses. The term "conditional use" means a use permitted in a particular zoning district only upon a showing that such use in a specified location will comply with the conditions and standards for the location or operation of such use as contained in Chapter 540, Zoning, and upon the issuance of an authorization therefor by the Land Use Planning Board. During the period that the reasonable interim Zoning Ordinance of the Township is in effect,[1] the term "conditional use" shall also mean "special use"
and "temporary use" as those terms are applied in the interim Zoning
Ordinance, and the powers delegated therein shall be exercised by
the Land Use Planning Board. The Land Use Planning Board shall either
issue or deny issuance of a conditional use permit within 95 days
of submission of a complete application therefor by a developer to
the Land Use Planning Board Secretary or within such further time
as may be consented to by the applicant. The review by the Land Use
Planning Board of a conditional use shall include any required site
plan review. The time period for action by the Land Use Planning Board
on conditional uses shall apply to such site plan review. Failure
of the Land Use Planning Board to act within the period prescribed
shall constitute approval of the application, and a certificate of
the Land Use Planning Board Secretary as to the failure of the Land
Use Planning Board to act shall be issued on request of the applicant.
Such certificate shall be sufficient in lieu of the written endorsement
or other evidence of approval herein required.[2]
D.
To participate in the preparation and review of programs or plans
required by state or federal law or regulation.
E.
To assemble data on a continuing basis as part of a continuous planning
process.
F.
To annually prepare a program of Township capital improvement projects
projected over a term of six years, and amendments thereto, and recommend
the same to the Township Council.
G.
To consider and make a report to the Township Council 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-26a, and also
to pass upon other matters specifically referred to the Land Use Planning
Board by the Township Council, pursuant to the provisions of N.J.S.A.
40:55D-26b.
H.
Applications for approval:
(1)
When reviewing applications for approval of subdivision plots, site
plans or conditional uses, to grant to the same extent and subject
to the same restrictions as a Zoning Board of Adjustment:
(a)
Variances pursuant to N.J.S.A. 40:55D-70c and d.
(b)
Direction, pursuant to N.J.S.A. 40:55D-34, for issuance of a
permit for a building or structure in the bed of a mapped street or
public drainageway, flood-control basin or public area reserved pursuant
to N.J.S.A. 40:55D-32c; 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.
(2)
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 the issuance of a permit,
as the case may be.
I.
Zoning Board of Adjustment powers. The Land Use Planning Board is
authorized to act as a Zoning Board of Adjustment and to exercise
all the powers and duties granted to a Zoning Board of Adjustment
in the Municipal Land Use Act. In acting upon the variances set forth
in N.J.S.A. 40:55D-70b, Class I and Class III members shall not participate
in the consideration of the variance. The powers and duties include
but are not limited to the following:
(1)
To hear and decide appeals where it is alleged by the appellant that there is an error in any order, requirement, decision or refusal made by an official based on or made in the enforcement of Chapter 540, Zoning.
(3)
Where, by reason of exceptional narrowness, shallowness or shape of a specific piece of property, by reason of exceptional topographic conditions, or by reason of other extraordinary and exceptional situations or condition of such piece of property, the strict application of any regulation in Chapter 540, Zoning, would result in peculiar and exceptional practical difficulties to or exceptional and undue hardship upon the owner of such property, to 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, including a variance for a conditional use.
(4)
Variances.
(a)
In particular cases and for special reasons, grant a variance
to allow departure from regulations to permit a use or principal structure
in a district restricted against such use or principal structure;
an expansion of a nonconforming use; deviation from a specification
or standard pertaining solely to a conditional use; an increase in
the permitted floor area ratio as defined in this chapter; an increase
in the permitted density as defined in this chapter, except as applied
to the required lot area for a lot or lots for detached one- or two-dwelling-unit
buildings, which lot or lots are either an isolated undersized lot
or lots resulting from minor subdivision; or a height of a principal
structure which exceeds by 10 feet or 10% of the maximum height permitted
in the district for a principal structure. A variance under this subsection
shall be granted only by affirmative vote of at least five members.
(c)
No variance or other relief may be granted under the terms of Subsection I(1), (2), (3) or (4) unless such variance or other relief can be granted without substantial detriment to the public good and will not substantially impair the intent and the purpose of the zoning plan and Chapter 540, Zoning. In respect to any airport safety zones delineated under the "Air Safety and Zoning Act of 1983," P.L. 1983, c. 260 (N.J.S.A. 6:1-80 et seq.), no variance or other relief may be granted under the terms of this section permitting the creation or establishment of a nonconforming use which would be prohibited under standards promulgated pursuant to that Act, except upon issuance of a permit by the Commissioner of Transportation. 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 Planning Board shall act.
(5)
To direct issuance, upon application, 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.
The Land Use Planning Board shall exercise its powers for the granting or denying of approval for minor and major subdivisions and for site plans in accordance with the time limitations set forth in Chapter 460, Subdivision of Land and Site Plan Review, §§ 460-11, 460-20, 460-22, 460-41 and 460-43. Additionally, whenever the Land Use Planning Board is called upon to exercise its ancillary powers before the granting of a variance, as set forth in Article II, § 47-10H(1) of this chapter, the Land Use Planning 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 Planning Board to act within the period prescribed shall constitute approval of the application, and a certificate of the Board Secretary as to the failure of the Land Use Planning Board to act shall be issued on request of the applicant.
The Mayor may appoint one or more persons as a Citizens Advisory
Committee to assist or collaborate with the Land Use Planning 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 Planning Board an index of the natural resources of
the Township, the Land Use Planning Board shall make available to
the Environmental Commission an informational copy of every application
for development to the Land Use Planning Board. Failure of the Land
Use Planning Board to make such informational copies available to
the Environmental Commission shall not invalidate any hearing or proceeding.
A.
There shall be an Architectural Review Board, which shall consist
of no more than three members, one of whom shall be a Township Council
member and two of whom shall be Land Use Planning Board members and
one alternate member who may be an Economic Development Board member.
Members shall serve without compensation. The term of office of each
member shall be for one year. Vacancies shall be filled for the unexpired
term in accordance with the original appointment.
B.
The Architectural Review Board may employ an architect, duly licensed by the New Jersey State Board of Architecture, in accordance with § 47-9.
C.
The Architectural Review Board shall act only as an advisory board
to the Land Use Planning Board and shall not have any authority to
require that specific actions or recommendations be a condition of
approval.
The Land Use Planning 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.
[Amended 5-8-2017 by Ord.
No. 2017-7]
A.
The Administrative Officer of the Board shall inform the applicant/appellant
of the steps to be taken to initiate proceedings and of the regular
meeting dates of the Board.
B.
The applicant/appellant shall obtain all necessary forms from the
Administrative Officer of the Land Use Planning Board.
C.
Appeals to the Land Use Planning Board may be taken by any interested party affected by any decision of a Township official based on or made in the enforcement of Chapter 540, Zoning, or Official Map. Each appeal shall be taken within 20 days by filing a notice of appeal with the official from whom the appeal was taken, together with three copies of such notice with the Administrative Officer of the Land Use Planning Board. Such notice of appeal shall specify the grounds for the appeal. The official from whom the appeal is taken shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from was taken.
D.
Three copies of an application in the form attached as Schedule A for the exercise of the Board's power pursuant to Subsection I(2), (3), (4), (5) or (6) of § 47-10 shall be completed and filed with the Administrative Officer of the Land Use Planning Board.[1]
[1]
Editor's Note: Said forms are on file in the Township
offices.
E.
The applicant/appellant shall also provide a certification from the
Township Tax Collector that no taxes or assessments for local improvements
are due or delinquent on the property for which the application is
made.
F.
An application/appeal will not be complete until a completed application/appeal, the required certification, and all application and escrow fees have been provided to the Administrative Officer. The regulations set forth in § 460-5A(6), with respect to the failure to pay property taxes and/or assessments, shall apply to the Land Use Planning Board review of applications. The regulations set forth in § 460-58F, with respect to the payment of escrows and the effect on the approval process, shall also be applicable to Land Use Planning Board review of the application.
G.
At the time of filing the appeal or application, the applicant shall
also file all relevant plot plans, maps or other papers.
H.
An appeal shall stay the decision appealed from, unless the official
from whose decision the appeal is taken certifies to the Land Use
Planning 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 opinion, cause imminent peril to life or property. In such
case, proceedings shall not be stayed otherwise than by an order of
the Superior Court of New Jersey upon notice to the official from
whom the appeal is taken and on good cause shown.
I.
The Land Use Planning Board may reverse or affirm, wholly or partly,
or modify the action, order, requirement, decision, interpretation
or determination appealed from and, to that end, have all the powers
of the official from whom the appeal is taken.
[Amended 4-26-2004 by Ord. No. 2004-04]
Unless otherwise specified by the Land Use Planning Board, any variance from the terms of Chapter 540, Zoning, granted by the Land Use Planning Board permitting the erection or alteration of any structure or structures or specified use of any premises shall expire and become null and void two years from the date of authorization by the Land Use Planning Board unless such construction, alteration or use shall have been actually commenced on or in each and every structure permitted by such variance within said period. The Land Use Planning Board, upon application, notice and for good cause and within said period, may extend said period for one year, but not to exceed three extensions. The running of this period shall be tolled from the date of filing an appeal from the decision of the Land Use Planning Board to the Township Council or to a court of competent jurisdiction until the termination in any manner of such appeal or proceeding. Each request for extension shall be subject to the same fee and escrow requirements as those applicable to a variance application.
A.
The Land Use Planning Board shall render its decision not later than 120 days after the date an appeal is taken pursuant to § 47-10I(1) or not later than 120 days after a complete application for approval of a subdivision plat, site plan, conditional use, zoning variance or direction for the issuance of a permit is submitted to the Board pursuant to the provisions of § 47-10I(3), (4), (5) or (6).
B.
Failure of the Board to render such decision within such 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. In the event
that the Board fails to so act on a complete application for development,
the Administrative Officer of the Board shall issue a certificate
on request to the applicant, and it shall be sufficient in lieu of
written endorsement or other evidence of approval herein required
and shall be so accepted by the County Clerk for purposes of filing
subdivision plats.
A.
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 Township Land
Use Planning Board shall condition any approval that it grants upon
the 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 time.
