[HISTORY: Adopted by the Borough Council
of the Borough of Pemberton 12-20-1976 by Ord. No. 6-1976 (Ch. 8 of the 1975
Code); amended in its entirety 3-17-2014 by Ord. No. 2014-3. Subsequent amendments
noted where applicable.]
Pursuant to the provisions of the "Municipal Land Use Law,"
N.J.S.A. 40:55D-1 et seq., hereinafter the "MLUL," there is a Planning
Board of nine members, consisting of the following four classes:
A.
Class I: the Mayor, or in the absence of the Mayor, the Mayor's
designee.
B.
Class II: one of the officials of the Borough, other than a member
of the Borough Council, to be appointed by the Mayor.
C.
Class III: a member of the Borough Council to be appointed by it.
D.
Class IV: other citizens of the Borough, to be appointed by the Mayor.
No Class IV member shall hold any other municipal office.
A.
The Mayor's term shall correspond to his or her 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.
B.
The terms of all Class IV members shall be four years, which terms
shall run from January 1 of the year in which the appointment was
made.
C.
If a vacancy in any class shall occur otherwise than by expiration
of the 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 the member requests one, may be removed by the
Borough Council for cause.
A.
Alternate members shall be municipal residents who meet the qualifications
of Class IV members. They shall be appointed by the Mayor, who, at
the time of appointment, shall designate one member as "Alternate
No. 1" and the second member as "Alternate No. 2." The term of each
alternate member shall be for two years, and the terms shall be successive
so that only one alternate member's term shall expire in any
one year.
B.
A vacancy occurring otherwise than by expiration of term shall be
filled by the Mayor for the unexpired term only. An alternate member,
may, after public hearing if the alternate member requests one, be
removed by the Borough Council for cause.
C.
Alternate members may participate in all matters but may not vote
except in the absence or disqualification of a regular member of any
class. Participation of alternate members shall not be deemed to increase
the size of the Planning Board. 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 is to vote,
Alternate No. 1 shall vote.
No member or alternate member of the Planning Board shall be
permitted to act on any matter in which the member or alternate member
has, either directly or indirectly, any personal or financial interest.
Whenever any such member shall disqualify himself or herself from
acting on a particular matter, the member shall not continue to sit
with the Planning Board on the hearing of such matter, nor shall the
member participate in any discussion or decision relating thereto.
A.
Officers. The Planning Board shall elect a chairperson and vice chairperson
from the Class IV members, select a secretary who may or not be a
member or alternate member of the Planning Board or a municipal employee,
and create and fill such other offices as are established by ordinance.
An alternate member shall not serve as chairperson or vice chairperson
of the Planning Board.
B.
Attorney, experts and staff. The Planning Board may appoint and fix
the compensation of legal counsel, other than the Borough Attorney,
and experts, and other staff and services as it may deem necessary,
not exceeding, exclusive of gifts or grants, the amount appropriated
by the Borough Council for its use, and shall enter into contracts
with each such person. The Borough Council shall make provision in
its budget and appropriate funds for the expenses of the Planning
Board.
A person shall not be seated as a first-term member or alternate
member of the Planning Board unless the person agrees to take the
basic course offered in land use law and planning by the Department
of Community Affairs ("DCA"). The member or alternate member shall
successfully complete the course within 18 months of assuming Board
membership in order to retain Board membership. The Mayor, or his
or her designee as the Class I member, and the Class III member, are
exempt from the education requirement. A member holding a current
New Jersey planner's license is also exempt from this requirement,
as is a member, when approved by the DCA Commissioner, who offers
proof of having completed, within 12 months of the date upon which
the member would otherwise be required to demonstrate compliance with
the requirement, a more extensive course in land use law and planning
than that required by the DCA.
The Planning Board shall exercise the following powers and duties:
A.
To prepare and, after public hearing, adopt or amend a Master Plan
or component parts thereof, to guide the use of lands within the Borough
in a manner which protects public health and safety and promotes the
general welfare.
B.
To exercise subdivision control and site plan review in accordance
with the provisions of the Municipal Land Use Law and the Borough
Code.
C.
To participate in the preparation and review of programs or plans
required by state or federal law or regulation.
D.
To assemble data on a continuing basis as part of a continuous planning
process.
E.
To annually prepare a program of municipal capital improvements projects
projected over a term of six years, and amendments thereto, and recommend
same to the Borough Council.
F.
Prior to the adoption of a development regulation, revision, or amendment
thereto, the Planning Board shall make and transmit to the Borough
Council, within 35 days after referral, a report including: identification
of any provisions in the proposed development regulation, revision
or amendment, which are inconsistent with the Master Plan, and recommendations
concerning these inconsistencies, and any other matters as the Planning
Board deems appropriate.
G.
Upon referral from the Borough Council or other public agency having
jurisdiction over the subject matter, before any public funds may
be expended, incidental to the location, character or extent of such
project, the Planning Board shall review and make a recommendation
in conjunction with the Master Plan. The Borough Council or other
public agency shall not act thereon without such recommendation or
until 45 days have elapsed after such reference without receiving
such recommendation.
H.
The Planning Board shall exercise, to the same extent and subject
to the same restrictions, all the powers of a board of adjustment,
but the Mayor and Borough Councilperson serving as a member of the
Planning Board shall not participate in the consideration of applications
for development which involve relief pursuant to N.J.S.A. 40:55D-70(d).
I.
At least once a year, the Planning Board shall review its decisions
on applications and appeals for variances and prepare and adopt by
resolution a report on its findings on zoning ordinance provisions
which were the subject of variance requests and its recommendations
for zoning ordinance amendments or revisions, if any.
J.
To perform such other advisory duties as are assigned to it by ordinance
or resolution of the Borough Council for the aid and assistance of
the Borough Council or other agencies or officers.
A.
Minor subdivision approval shall be granted or denied within 45 days
of the date of submission of a complete application to the Planning
Board Secretary, or within such further time as may be consented to
by the applicant. Unless the Planning Board has extended the time
for perfecting minor subdivision approval pursuant to N.J.S.A. 40:55D-47f.,
approval of a minor subdivision shall expire 190 days from the date
on which the resolution of municipal approval is adopted unless within
such period a plat in conformity with such approval and the provisions
of the "Map Filing Law," N.J.S.A. 46:23-9.9 et seq., or a deed clearly
describing the approved minor subdivision is filed by the developer
with the Burlington County Clerk, the Borough Engineer and the Borough
Tax Assessor.
B.
Preliminary major subdivision approval shall be granted or denied
within 45 days of the date of a complete application having been submitted
to the Planning Board Secretary for a subdivision of 10 or fewer lots
or within such further time as may be consented to by the developer.
Preliminary major subdivision approval shall be granted or denied
within 95 days of the date of a complete application for a subdivision
of more than 10 lots or within such further time as may be consented
to by the developer.
C.
Preliminary site plan approval shall be granted or denied within
45 days of the date of a complete application having been submitted
to the Planning Board Secretary for a development of 10 acres of land
or less, and 10 dwelling units or less, or within such further time
as may be consented to by the developer. Preliminary site plan approval
shall be granted or denied within 95 days of the date of a complete
application having been submitted to the Planning Board Secretary
for a development which involves more than 10 acres, or more than
10 dwelling units, or within such further time as may be consented
to by the developer.
D.
Final approval of major subdivision or site plan shall be granted
or denied within 45 days after submission of a complete application
to the Planning Board Secretary, or within such further time as may
be consented to by the developer.
E.
Conditional use approval shall be granted or denied within 95 days
of the submission of a complete application by a developer to the
Planning Board Secretary, or within such further time as may be consented
to by the developer.
F.
A decision shall be rendered not later than 120 days after the date
an appeal is taken by any interested party affected by any decision
of an administrative officer based on or made in the enforcement of
the Zoning Ordinance or Official Map, or after the submission of a
complete application for development requesting a variance.
A.
Applications for development, with 11 copies, shall be filed with
the Planning Board Secretary, who shall review the application for
development with the Borough Planner, Planning Board Engineer and
Planning Board Attorney for the purpose of determining whether the
application for development is complete. The application shall be
deemed complete upon the expiration of the forty-five-day statutory
time period for review, unless the application lacks information indicated
on the checklists incorporated by reference herein as appendices,[1] and a copy of the applicable checklist has been given
to the applicant with a written notice from the Planning Board Secretary
of the deficiencies in the submitted application. The applicant may
request that one or more of the submission requirements be waived,
in which event the application for development will be reviewed by
the Planning Board within the forty-five-day time frame to determine
if the waiver should be granted.
[1]
Editor's Note: Said checklists are on file in the Borough
offices.
B.
The Planning Board may subsequently require correction of any information
found to be in error, and submission of additional information not
specified in the ordinance or any revisions in the accompanying documents,
as are reasonably necessary to make an informed decision as to whether
the requirements necessary for approval of the application for development
have been met. The application for development shall not be deemed
incomplete for lack of any such additional information, or any revisions
in the accompanying documents as required by the municipal agency.
C.
Any maps and documents for which approval is sought at a hearing
shall be on file and available to for public inspection at least 10
days before the date of the hearing, during normal business hours,
in the office of the Planning Board Secretary.
The following fees shall be payable by check
or bank money order. The fees are identified as either "fee" or "escrow."
The fee is a nonrefundable application fee, while the escrow is refundable
to the extent it is not needed to cover professional reviews of this
application. Applicants are entitled to an accounting of the expenditures
made from the escrow fee. Proposals involving more than one use shall
pay a fee and escrow equal to the sum of the fees and escrows for
the component parts of the plan. Proposals requiring subdivision,
site plan and/or variance approvals shall pay the highest of the applicable
fees and escrows, plus 1/2 the fee and escrow of each additional approval
required. Plats returned with substantial changes shall pay an additional
fee and escrow of no more than 1/2 that required for the stage under
review, but may be less as determined by the approving authority based
on the magnitude and nature of the revisions. See other fee requirements
in Guaranties and inspections and Permits.
A.
B.
C.
Variances and other appeals. The fees shall be as
follows:
D.
Copies of records. Copies of minutes, decisions or
other public documents at page size shall be available at a cost in
accordance with N.J.S.A. 47:1A-1 et seq.
E.
List of property owners. A sum not to exceed $0.25 per name, or $10,
whichever is greater, may be charged for the list.
F.
Publication of decision. A fee of $35 shall be paid at the time of
the filing of the application for development to cover the cost of
publishing the notice of the Board's decision.
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 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 Planning Board an index of the natural resources
of the municipality, the Planning Board shall make available to the
Environmental Commission an informational copy of every application
for development to the Planning Board. Failure of the Planning Board
to make such informational copy available to the Environmental Commission
shall not invalidate any hearing or proceeding.
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 Laws of 1953 (N.J.S.A. 2A:67A-1 et seq.) shall apply.
Any variance from the terms of this chapter permitting the erection
or alteration of any structure or structures or permitting a specified
use of any premises shall expire by limitation unless such construction
or alteration shall have been actually commenced on each and every
structure permitted by said variance or unless such permitted use
has actually been commenced within nine months from the date of entry
of the judgment or determination of the Planning Board; except, however,
that the running of the period of limitation shall be tolled from
the date of filing an appeal from the Board's decision to a court
of competent jurisdiction until the termination of any such appeal.
A.
Meetings shall be scheduled no less than once a month, and any meetings
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 Chairperson
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.
D.
All actions shall be taken by a majority vote of the members present
at the meeting except a variance pursuant to N.J.S.A. 40:55D-70d.
shall be granted only by the affirmative vote of at least five members.
E.
All regular and special meetings shall be open to the public. Notice
of all meetings shall be given in accordance with the provisions 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 each person appearing and addressing the
Planning Board and of any person appearing by attorney; the actions
taken by the Planning Board; and the findings, if any, made by it
and the reasons therefore. The minutes shall thereafter be made available
for public inspection during normal business hours at the Borough
Clerk's office. 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
or her use.
A.
Rules. The Planning Board shall make the rules governing such hearings.
Any maps and documents for which approval is sought at a hearing shall
be on file and available for public inspection at least 10 days before
the date of the hearing, during normal business hours in the office
of the Planning Board Secretary. The applicant may produce other documents,
records, or testimony at the hearing to substantiate or clarify or
supplement the previously filed maps and documents.
B.
Oaths. The officer presiding at the hearing or such
person as he may designate shall have the 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, P.L. 1953, c. 38 (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. The Planning Board shall provide for the verbatim recording
of the proceedings by either stenographic, mechanical or electronic
means, and shall furnish a transcript or duplicate recording in lieu
thereof, on request, to any interested party at his expense.
Notice shall be provided by the applicant as required pursuant
to the provisions of N.J.S.A. 40:55D-12, and by the Planning Board
Secretary concerning the Master Plan pursuant to the provisions of
N.J.S.A. 40:55D-13. Notices shall state the date, time and place of
the hearing and the nature of the matters to be considered. In the
case of notice required pursuant to be made by an applicant pursuant
to N.J.S.A. 40:55D-12, the notice shall state an identification of
the property proposed for development by street address, if any, or
by reference to lot and block number as shown on the current tax duplicate
in the assessor's office, and the location and times at which
any maps and documents for which approval is sought are available.
Upon the written request of the applicant the Planning Board
Secretary shall, within seven days, make and certify a list from the
current tax duplicates of names and addresses of owners to whom the
applicant is required to give notice pursuant to N.J.S.A. 40:55D-12b.
and N.J.S.A. 40:55D-12h. The applicant shall be entitled to rely upon
the information contained in the list, and failure to give notice
to any owner, to any public utility, cable television company, or
local utility or to any military facility commander not on the list
shall not invalidate any hearing or proceeding.
A.
Each decision on any application for development shall
be set forth in writing as a resolution of the Planning Board, which
resolution shall include findings of fact and legal conclusions based
thereon.
B.
A copy of the decision shall be mailed by the Planning
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 Planning Board for
such service. A copy of the decision shall also be filed in the office
of the Borough 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.
A brief notice of every final decision shall be published in
the official newspaper of the Borough. Such notice shall be arranged
by the Secretary of Planning Board within 10 days of the adoption
of the resolution memorializing the Planning Board's 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 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 the Panning 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 Borough
will be adequately protected.
Whenever a term is used in this chapter which
is defined in the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.,
such term is intended to have the meaning set forth in the definition
of such term found in said statute, unless a contrary intention is
clearly expressed from the context of this chapter.
This chapter shall be known and may be cited
as the "Land Use Procedure Ordinance of the Borough of Pemberton."
The Borough Clerk shall file with the Burlington County Planning
Board a copy of each zoning ordinance, subdivision ordinance, site
plan ordinance, Official Map ordinance or other municipal regulation
of the use and development of land, or amendment thereto, adopted
pursuant to the Municipal Land Use Law.
