No member of the Land Use Planning Board 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.
Meetings of the Land Use Planning 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 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 the Board's 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,
which is defined as the majority of the full authorized membership
of the Board.
D.
All actions shall be taken by majority vote of the members of the
Board present, except as otherwise required by statute.
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 the Open Public Meetings Act, N.J.S.A. 10:4-6
et seq.
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; and 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 Township 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.
Fees for application or for the rendering of any service by the Land Use Planning Board or any member of its administrative staff, including fees for variance applications and conditional use applications, shall be as set forth in § 460-58 of the Code of the Township of Eastampton.
No application for development shall be deemed complete if there
are outstanding, uncollected fees and escrows resulting from past
applications or prior submissions involving the property in question
or any part thereof, including the base tract. No performance guaranty
shall be released or reduced unless all professional fees to be charged
against escrow are paid.
Should construction, building, excavation, clearing or use of
structure or property take place that is not in accordance with the
approvals granted by the reviewing authority and required by any developmental
ordinance or without fulfillment or compliance with the conditions
imposed by such approvals, such deviation shall be considered a violation
of said ordinance. If within 95 days of notification and demand by
the municipality the applicant has failed to pay the fees and escrows
required by the ordinance or the applicant has failed to pay the inspection
fees assessed pursuant to N.J.S.A. 40:55D-53h, a violation of said
ordinance shall be deemed to have occurred.
Any developmental ordinance of the Township of Eastampton shall
be enforced by the municipality's Construction Official or its
Zoning Officer. Any citizen of the municipality may bring a proceeding
in Municipal Court alleging a violation of any developmental ordinance.
Any administrative violation of any developmental ordinance, including
nonpayment of fees, escrows, inspection fees or other costs, may be
enforced by the Administrative Officer of the municipality by instituting
a proceeding in the Municipal Court of the municipality alleging a
violation of the developmental ordinances of the municipality.
The escrow amount set forth in any developmental ordinance shall
be subject to increase upon demand. Charges against the escrow account
shall be made for inspection and professional review fees by the Township's
staff, such as but not limited to the Township Engineer, Township
Planner, Board Attorney and Administrative Officer. Charges against
the escrow account shall be at the same rate that said professional
bills the municipality, and no applicant shall be charged in excess
of that rate. Each professional shall file annually with the Secretary
of his or her Board his or her billing rate and fee schedule, and
a copy of said billing rate or fee schedule shall be available to
any applicant who requests the same, without charge. No sums shall
be disbursed from the escrow account without receipt by the Township
of appropriate vouchers from its professionals. Any balances remaining
in the escrow account when the development or action on the application
in question has been completed shall be returned to the applicant.
For purposes of this section, completion of action on the application
includes the approval and review of the resolutions. Furthermore,
the Township is authorized to charge against inspection escrows for
the review of performance guaranties and the coordination required
with other agencies and the preparation for issuing construction permits
and/or certificates of occupancy. No performance guaranty shall be
released until all professional fees are paid. Moneys deposited by
applicants shall, in addition to the provisions of this chapter, be
covered by terms and conditions of an escrow agreement to be entered
into and agreed upon by the applicant as part of the application procedure.
For purposes of certifying completeness, the execution of the escrow
agreement shall be deemed necessary.
In the event that an application includes a request for more
than one type of relief, the fees applicable to each type of relief
shall be separately charged and collected, and separate application
forms shall be submitted, even though the applicant may be applying
to only one municipal board.
Any interested party appealing the decision of the Board to the governing body, pursuant to N.J.S.A. 40:55D-17, shall pay that fee provided in Chapter 460, Subdivision of Land and Site Plan Review, to the Municipal Clerk at the time that the notice of appeal is filed in accordance with N.J.S.A. 40:55D-17a and, within five days of service of the notice of appeal upon the Municipal Clerk, shall arrange for a transcript of the proceedings before the Board for use by the governing body in accordance with N.J.S.A. 40:55D-17c.
In the event that an application to the Land Use Planning Board
or to the governing body results in changes to the Zoning Map, the
cost of said changes shall be charged against any escrow funds which
exist.
In the event, during the plan review process, it is necessary
that revised plans for approval be submitted to the Land Use Planning
Board, said revised plans shall be submitted to the Board at least
21 days prior to the Board's meeting scheduled to review the
revised plans. The failure to submit the revised plans within the
appropriate time shall be adequate grounds to deny approval to the
application.
In the event that an applicant, developer or property owner, whether or not said entity has received Land Use Planning Board approval pursuant to the Municipal Land Use Law, applies to the New Jersey Department of Environmental Protection for a permit to construct certain facilities or to otherwise utilize land in accordance with New Jersey Department of Environmental Protection regulations, and said regulations require the approval or consent of the Township, said entity shall deposit in escrow with the Township the amount of $1,500. Said escrow deposit shall be utilized to pay for the cost of professional review of the application, plans and regulations and a review of the property, if necessary, and any and all correspondences and actions necessary with respect to municipal approval or consent. Said amount shall be increased or decreased in accordance with the provisions set forth in § 47-27.
A.
Rules. The Land Use Planning Board may make rules governing the conduct
of hearings before such body, 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 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 the discretion of the presiding
officer and to reasonable limitations as to time and number of witnesses.
D.
Evidence. Technical rules of evidence shall not be applied to the
hearing, but the Board may exclude irrelevant, immaterial or unduly
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 of the proceedings to any interested
party at his request and at his expense, charging therefor at the
maximum rate permitted by N.J.S.A. 2B:7-4. The transcript shall be
certified in writing by the transcriber to be accurate.[1]
Whenever a hearing is required on an application for development,
pursuant to N.J.S.A. 40:55D-1 et seq., the applicant shall give notice
thereof, as provided in N.J.S.A. 40:55D-12, as follows:
A.
Public notice shall be given by publication in the official newspaper
of the Township at least 10 days prior to the date of the hearing.
B.
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 Township in which the applicant's
land is located. Such notice shall be given by serving a copy thereof
on the owner, as shown on the 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 current
tax duplicate. A return receipt is not required. Notice to a partnership
owner, corporate owner or condominium association, horizontal property
regime, community trust or homeowners' association owner may
be made in the manner provided by N.J.S.A. 40:55D-12.
C.
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 B of this section to the owners of lands in such adjoining municipality which are located within 200 feet of the subject premises.
D.
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 county
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.
Notice shall be given by personal service or certified mail to the
State of New Jersey Commissioner of Transportation of a hearing on
an application for development of property adjacent to a state highway.
F.
Notice shall be given by personal service or certified mail to the
State Planning Commission 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 secretary of the appropriate board.
G.
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.
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.
I.
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; the 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 Township Tax Assessor's office; and the location
and times at which any maps and documents for which approval is sought
are available for public inspection.
J.
The notices set forth in Subsections C, D, E and F of this section shall not be required unless public notice, pursuant to N.J.S.A. 40:55D-12a, and notice, pursuant to N.J.S.A. 40:55D12b, are required. Even though public notice is not required pursuant to N.J.S.A. 40:55D-12a, notice to the property owners within 200 feet, pursuant to Subsection B of this section, shall be provided in all instances with respect to all applications.
K.
Notice of hearings on applications for approval of a major subdivision or a site plan not defined as a minor site plan under this chapter requiring public notice pursuant to Subsection A of this section shall be given, in the case of a public utility, cable television company or local utility which possesses a right-of-way or easement within the Township and which has registered with the municipality in accordance with Section 5 of P.L. 1991, c. 412 (N.J.S.A. 40:55D-12.1), by serving a copy of the notice on the person whose name appears on the registration form on behalf of the public utility, cable television company or local utility; or mailing a copy thereof by certified mail to the person whose name appears on the registration form at the address shown on that form.
[Amended 12-22-2003 by Ord. No. 2003-14]
Pursuant to the provisions of N.J.S.A. 40:55D-12c, the Township Tax Assessor shall, within seven days after receipt of a request therefor and upon receipt of a fee of $10 or $0.25 per name, whichever is greater, make and certify a list from the current tax duplicate of names and addresses of owners to whom the applicant is required to give notice pursuant to § 47-34B of this chapter. In addition, the Administrative Officer shall include on the list the names, addresses and positions of those persons who, not less than seven days prior to the date on which the applicant requested the list, have registered to receive notice pursuant to the Municipal Land Use Act. The applicant shall be entitled to rely upon the information contained in such list, and failure to give notice to any owner or to any public utility, cable television company or local utility not on the list shall not invalidate any hearing or proceeding.
A.
Every public utility, cable television company and local utility
interested in receiving notice pursuant to Subsection h of Section
7.1 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-12h), may register with
the Township in which the public utility, cable television company
or local utility has a right-of-way or easement. The registration
shall remain in effect until revoked by the public utility, cable
television company, or local utility or by its successor in interest.
B.
The Administrative Officer of the Township shall adopt a registration form and shall maintain a record of all public utilities, cable television companies and local utilities which have registered with the Township pursuant to Subsection A of this section. The registration form shall include the name of the public utility, cable television company or local utility and the name, address and position of the person to whom notice shall be forwarded, as required pursuant to the Municipal Land Use Act. The information contained therein shall be made available to any applicant, as provided by this chapter and the Municipal Land Use Act.
C.
There shall be a registration fee of $10 payable to the Township
by any public utility, cable television company or local utility which
registers to receive notice pursuant to this section.
A.
Each decision on any application for development shall be set forth,
in writing, and shall include findings of fact and conclusions based
thereon. Failure of a motion to approve an application for development
to receive the number of votes required for approval shall be deemed
an action denying the application. The Board may provide such written
decision and findings and conclusions either on the date of the meeting
at which the Board takes action to grant or deny approval or, if the
meeting at which such action is taken occurs within the final 45 days
of the applicable time period for rendering a decision on the application
for development, within 45 days of such meeting by the adoption of
a resolution of memorialization setting forth the decision and the
findings and conclusions of the Board thereon. An action resulting
from the failure of a motion to approve an application shall be memorialized
by resolution as provided above, notwithstanding the time at which
such action occurs within the applicable time period for rendering
a decision on the application. The adoption of a resolution of memorialization
shall not be construed to alter the applicable time period for rendering
a decision on the application for development. Such resolution shall
be adopted by a vote of a majority of the members of the Board who
voted for the action previously taken, and no other member shall vote
thereon. The vote on such resolution shall be deemed to be a memorialization
of an action of the Board and not to be an action of the Board, except
that failure to adopt such a resolution within the forty-five-day
period shall result in the approval of the application for development,
notwithstanding any prior action taken thereon. Whenever a resolution
of memorialization is adopted in accordance herewith, the date of
such adoption shall constitute the date of the decision for purposes
of the mailings, filings and publications required herein.
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 set forth in N.J.S.A. 47:1A-5. A copy of the decision shall
also be filed in the office of the Township Clerk, who shall make
a copy of such filed decision available to any interested party upon
payment of the fee set forth in N.J.S.A. 47:1A-5.[1]
C.
A member of the Board who was absent for one or more of the meetings
at which a hearing was conducted may vote upon the application notwithstanding
his absence from one or more of the meetings, provided that such Board
member has available to him the transcript or recording of all of
the hearing from which he was absent and certifies, in writing, to
the Board that he has read such transcript or listened to such recording.
A brief notice of every final decision shall be published in
the official newspaper of the Township. Such publication shall be
arranged by the Secretary of the Land Use Planning Board, who shall
charge the applicant for the cost of such publication. Such notice
shall be sent to the official newspaper for publication within 10
days of the date of any such decision.
Upon the conclusion of any matter coming before the Land Use
Planning Board, or, upon appeal, to the Township Council, a copy of
each application, supporting documentation, minutes of hearings, correspondence,
decisions and other information relevant to the determination shall
be maintained in the office of the Township Clerk for a period of
not less than five years, which copies shall be considered as public
records under N.J.S.A. 47:1A-1 et seq. (Right to Know Act).
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 Planning
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.
[Amended 3-7-2005 by Ord. No. 2005-04[1]]
The Administrative Officer shall be the Land Use Planning Board
Secretary. Any vacancy in said office, due to resignation, death,
or other lawful reasons, shall be filled by the Township Clerk or
such other individual appointed by the Township Council. The duties
of the Administrative Officer include, but are not limited to, the
following:
A.
Determine whether an application is complete pursuant to N.J.S.A.
40:55D-10.3.
B.
Cause to be published the public notices required by statute or this
Code to be published by a Township official.
C.
Assemble the record on appeal from a Land Use Planning Board approval
of a use variance as set forth in N.J.S.A. 40:55D-17.
D.
Coordinate referrals pursuant to N.J.S.A. 40:55D-26.
E.
Assist all advisory committees created pursuant to N.J.S.A. 40:55D-27.
F.
Assist the Township experts and the Land Use Planning Board in the
preparation of the Master Plan and amendments, capital improvement
programs and official maps as set forth in the Municipal Land Use
Act.
G.
Assist the Township Engineer and coordinate the review of plans submitted
to the Land Use Planning Board.
H.
Coordinate the inspection of on- and off-site improvements and the
procedure with respect to the release of performance guaranties filed
with respect thereto.
I.
Maintain escrow fund accounts with respect to plan review and inspection
of improvements.
J.
Schedule hearings and application review processes for the Land Use
Planning Board.
K.
Perform the duties of the Clerk and/or the Board or Secretaries set forth in Chapters 47, 460 and 540 of the Code of the Township of Eastampton, except for the taking of minutes and transcriptions of hearings and meetings. In the absence or disability of the Administrative Officer, the Deputy Administrative Officer shall serve and perform the duties of Administrative Officer.
All applications for development (including, but not limited
to, subdivisions, site plans, variances, ordinance interpretations,
whether formal or informal) shall be reviewed by the appropriate professionals
and staff (Land Use Planning Board Attorney, Planning or Township
Engineer, Township Planner, Architect and/or Township Attorney) prior
to review and consideration by the Land Use Planning Board. The appropriate
professionals and/or staff shall prepare oral and/or written reports
for presentation to the Land Use Planning Board with respect to various
issues, including, but not limited to, completeness of the application,
substantive aspects of the approval, waivers, changes and/or variances.
The fees incurred shall be charged against the escrows posted by the
applicants pursuant to other sections of this Code. Applications shall
not be considered by the Land Use Planning Board until said professional
and/or staff review is provided. Said professional and/or staff review
may be provided as many times as deemed necessary to meet the statutory
deadlines with respect to approvals.
