[1]
Editor's Note: Ord. No. 10:16-20 merged the Planning Board
and the Board of Adjustment into the Land Use Board. References throughout
the Code to the Planning Board and to the Board of Adjustment shall
be read as if the words "Land Use Board acting as the" appear preceding
"Planning Board" and "Board of Adjustment."
[Amended 11-23-2020 by Ord. No. 10:16-20]
A.
There is hereby established pursuant to the Municipal Land Use Law,
P.L. 1975, c. 291, the Borough of Bellmawr hereby established a joint
Land Use Board of nine members and two alternates consisting of the
following four classes:
(1)
Class I: The Mayor or his designee.
(2)
Class II: One of the officials of the Borough other than a member
of the governing body, to be appointed by the Mayor, provided that
if there is an Environmental Commission, the member of the Environmental
Commission who is also a member of the Board as required by N.J.S.A.
40:56A-1 shall be deemed to be the Class II member in the event that
there be among the Class IV or alternate members of the Board a member
of the Board of Education.
(3)
Class III: A member of the Borough Council to be appointed by it.
(4)
Class IV: six other citizens of the Borough, to be appointed by the
Mayor. The members of Class IV shall hold no other Borough office,
except that one such member may be a member of the Board of Education.
The member of the Environmental Commission who is also a member of
the Board as required by N.J.S.A. 40:56A-1 shall be a Class IV member
unless there is among the Class IV or alternate members of the Board
a member of the Board of Education, in which case the member common
to the Board and the Environmental Commission shall be deemed a Class
II member of the Board.
B.
There may also be not more than two alternate members appointed to
the Joint Land Use Board in the same manner as Class IV members who
shall be designated as "Alternate No. 1," and "Alternate No. 2."
C.
Alternate members may participate in discussion 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.
D.
The Class IV and alternate members shall hold no other municipal
office position or employment in the municipality.
[Amended 11-23-2020 by Ord. No. 10:16-20]
A.
The terms of the member composing Class I shall correspond to the
Mayor's 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.
B.
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.
C.
The term of a Class II or Class IV member who is also a member of
the Environmental Commission shall be for three years or terminate
at the completion of the term of office as a member of the Environmental
Commission, whichever occurs first. The term of a Class IV member
who is also a member of the Board of Education shall terminate whenever
that person is no longer a member of such other body or at the completion
of his Class IV term, whichever occurs first. 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 distributed evenly over the first four years after their
appointment, provided that the initial Class IV term of no member
shall exceed four years. The terms of all Class IV members first appointed
under this section shall be as follows: two citizen members for two
years whose term shall expire December 31, 2022; two citizen members
for three years whose term shall expire December 31, 2023; and two
citizen members for four years whose term shall expire December 31,
2024; thereafter, the term of each Class IV member shall be four years
and shall run from January 1 of the year in which the appointment
is made.
D.
The Mayor shall appoint two alternate members to the joint Land Use
Board. The terms of alternate members shall be for two years except
that of the alternate member first appointed, shall be appointed for
a one-year term and the other shall be appointed for a two-year term,
the terms to run from January 1 of the year in which the appointment
is made. Thereafter, all appointments shall be made for a term of
two years.
E.
No member of the Board shall be permitted to act on any matter in
which he or she has, either directly or indirectly, any personal financial
interest. Any member other than the Class I member, after a public
hearing, if he requests one, may be removed by the governing body
for cause.
[Amended 11-23-2020 by Ord. No. 10:16-20]
In accordance with N.J.S.A. 40A:9-12.1, any member of the Board
who fails to attend and participate at meetings of the Land Use Board,
without being excused, for a period of eight consecutive weeks, or
for four consecutive regular meetings, whichever shall be of longer
duration, shall be deemed to have vacated their position. 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 11-23-2020 by Ord. No. 10:16-20]
The Land Use 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 Board or a Borough employee designated by
it.
[Amended 11-23-2020 by Ord. No. 10:16-20]
There is hereby created the office of Land Use Board Attorney.
The Land Use Board may annually appoint, 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 Borough Attorney.
[Amended 11-23-2020 by Ord. No. 10:16-20]
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 Borough Council for its use.
[Amended 11-23-2020 by Ord. No. 10:16-20]
A.
The Joint Land Use Board shall exercise to the same extent and subject
to the same restrictions all the powers of the Zoning Board of Adjustment
and the Planning Board pursuant to the provisions of N.J.S.A. 40:55D-1
et seq.
B.
Appeals and variances; applications.
(1)
Appeals to the Board may be taken by any interested party. Each appeal
shall be taken within the 65 days[1] prescribed by the statute for filing a notice of appeal
with the officer from whom the appeal is taken, together with three
copies of said notice with the Secretary of the Board. Said notice
of appeal shall specify the grounds for said appeal. The officer 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.
[1]
Editor's Note: N.J.S.A. 40:55D-72 provides, in part,
that appeals to the Board of Adjustment may be taken by any interested
party affected by any decision of the administrative officer of the
municipality based on or made in the enforcement of the zoning ordinance
or official map. Such appeal shall be taken within 20 days by filing
a notice of appeal with the officer from whom the appeal is taken
specifying the grounds of such appeal.
(2)
Applications addressed to the original jurisdiction of the Board
without prior application to an administrative officer shall be filed
with the administrative officer, including nine copies of the application,
plot, plans, maps or other papers required by this chapter or any
rule of the Board. The applicant shall obtain all necessary forms
from the administrative officer who shall inform the applicant of
the steps to be taken to initiate proceedings, the regular meeting
dates of the Board and the earliest date for a public hearing that
is at least 14 days from the date of filing a complete application.
(3)
An appeal stays all proceedings in furtherance of the action in respect
of which the decision appealed from was made unless the officer from
whom the appeal is taken certifies to the 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 cases, proceedings shall not be
stayed otherwise than by a restraining order, which may be granted
by the Board or by the Superior Court of New Jersey on application
or notice to the officer from whom the appeal is taken and on due
cause shown.
(4)
Any application under any subsection of 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
Board shall act.
(5)
Power to reverse or modify decisions. In exercising its powers, the
Board may reverse or affirm, wholly or partly, or may modify the action,
order, requirements, decision, interpretation or determination appealed
from and to that end have all the powers of the administrative officer
from whom the appeal was taken.
(6)
Time for decision. The Board shall render its decision not later
than 120 days after the date an appeal is taken or not later than
120 days after the submission of a complete application to the Board.
Failure of the Board to render a decision within this period or within
such further time as may be consented to by the applicant shall constitute
a decision favorable to the applicant.
(7)
Expiration of variance. In the granting of hardship and use variances,
a time limit of one year from the date of the variance approval shall
be set within which the owner shall secure a construction permit;
otherwise, the variance granted shall be null and void. The approving
authority may, for good cause shown, extend the period for securing
a construction permit for an additional period not exceeding six months.
(8)
No variance or other relief may be granted under the terms of this section unless it 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 260, Land Use and Development. In respect to any airport hazard areas delineated under the Air Safety and Hazardous Zoning Act of 1983 (N.J.S.A. 6:1-80 et seq.), no variance or other relief may be granted which would be prohibited under the 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 Board shall act.
(9)
The Board shall have such powers as are granted by law to:
(10)
Variances. The Board shall have the power to:
(a)
Where, by reason of exceptional narrowness, shallowness or shape of a specific piece of property or by reason of exceptional topographic conditions or physical features uniquely affecting a specific piece of property or by reason of an extraordinary and exceptional situation uniquely affecting a specific piece of property or the structures lawfully existing thereon, the strict application of any regulation in the zoning provisions of Chapter 260, Land Use and Development, would result in peculiar and exceptional practical difficulties to or exceptional and undue hardship upon the developer of such property, grant, upon an application by an appeal relating to such property, a variance from such strict regulation so as to relieve such difficulties or hardship.
(b)
Where, in an application or appeal relating to a specific piece of property, the purposes of the Municipal Land Use Law would be advanced by a deviation from the requirements of Chapter 260, Land Use and Development, and the benefits of the deviation would substantially outweigh any detriment, grant a variance to allow departure from regulations pursuant to the zoning regulations.
(c)
Use variances. In particular cases and for special reasons, grant a variance to allow departure from the regulations contained in Chapter 260, Land Use and Development, 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 pursuant to N.J.S.A. 40:55D-67 pertaining solely to a conditional use, an increase in the permitted floor area ratio as defined in N.J.S.A. 40:55D-4, an increase in the permitted density as defined in N.J.S.A. 40:55D-4, 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 lot or lots resulting from a minor subdivision, or a height of a principal structure which exceeds by 10 feet or 10% the maximum height permitted in the district. A variance under these provisions shall be granted only by affirmative vote of at least five members of the Board.
(11)
Whenever an application for approval of a subdivision plat, site
plan or conditional use includes a request for a variance or the issuance
of a permit, the Board shall grant or deny approval of the application
within 95 days after submission of a complete application to the administrative
officer or within such further time as may be consented to by the
applicant. In the event that the developer elects to submit separate
consecutive applications, the aforesaid provision shall apply to the
application for approval of the variance or direction for issuance
of a permit. The period for granting or denying subsequent approval(s)
of a subdivision, site plan or conditional use shall be as otherwise
provided in this chapter. Failure of the Board to act within this
period shall constitute approval of the application.
C.
Directing the issuance of permits. The Board shall:
(1)
Direct the 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 on an adopted Official Map whenever one or
more parcels of land located in these areas cannot yield a reasonable
return to the owner unless a construction permit is granted, provided
that the approval given will, as little as practicable, increase the
cost of opening such street or tend to cause minimum change to the
Official Map, and the Board shall impose reasonable requirements as
a condition of granting the permit so as to promote the health, morals,
safety and general welfare of the public.
(2)
Direct the issuance of a permit for a building or structure not related
to a street where the denial of the permit would entail practical
difficulty or unnecessary hardship or the circumstances do not require
the building or structure to be related to a street, except that the
issuance of such a permit shall be subject to conditions that will
provide adequate access for fire-fighting equipment, ambulances and
other emergency vehicles necessary for the protection of health and
safety and subject to conditions that will protect any future street
layout shown on the Official Map or on a general circulation plan
element of the Master Plan.
D.
Plan approval required; deviations from approved plan.
(1)
In the event that the Board disapproves a development plan, no construction
permit or certificate of occupancy shall be issued. Any applicant
wishing to make a change in an approved application shall follow the
same procedure as the original application.
(2)
The Board shall permit a deviation from the final plan if caused by change of conditions beyond the control of the developer since the date of final approval and the deviation would not substantially alter the character of the development or substantially impair the intent and purpose of the Master Plan and Chapter 260, Land Use and Development.
E.
Master Plan. The Board shall make and adopt and, from time to time,
amend a Master Plan for the physical development of the Borough, taking
into account any areas outside its boundaries which in the Board's
judgment bear essential relation to the planning of the Borough in
accordance with the provisions of N.J.S.A. 40:55D-28.
F.
Other.
(1)
The Board shall administer the provisions of Chapter 260, Land Use and Development, in accordance with the provisions of this chapter and the Municipal Land Use Law.
(2)
The Board shall participate in the preparation and review of programs
or plans required by state or federal law or regulations.
(3)
The Board shall assemble data on a continuing basis as part of a
continuous planning process.
(4)
The Board shall consider and make report to the governing body 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
pass upon other matters specifically referred to the Joint Land Use
Board by the governing body pursuant to the provisions of N.J.S.A.
40:55D-26b.
(5)
The Board shall 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.
(6)
If the Board or its Development Committee finds that an application
for conventional site plan conforms to the definition of "minor site
plan," the Board may waive notice and public hearing requirements.
Minor site plan approval shall be deemed to be final approval by the
Board, provided that the Board or said Committee may condition such
approval on terms ensuring the provision of improvements pursuant
to N.J.S.A. 40:55D-38, 40:55D-39, 40:55D-41 and 40:55D-53.
(7)
Whenever review or approval of the application by the County Planning
Board is required by N.J.S.A. 40:27-6.6, the Board shall condition
any approval it grants upon 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 period.
[Amended 11-23-2020 by Ord. No. 10:16-20]
A.
Organization of Board. The Joint Land Use Board shall elect a Chairman
and Vice Chairman from the members of Class IV and a Secretary.
B.
Experts and staff. The Board may appoint, employ or contract for
services of experts and staff as it may deem necessary. The Board
shall not authorize expenditures which exceed, exclusive of the gifts
or grants, the amount appropriated by the governing body for its use.
C.
Rules and regulations. The Board shall adopt such rules and regulations
as are necessary to carry out its duties.
D.
Conflicts of interest. No member shall act on any matter in which
the member has, either directly or indirectly, any personal or financial
interest. Whenever any member is disqualified, the member shall not
continue to sit with the Board on the hearing of such matter nor participate
in any discussion or decision relating thereto.
E.
Meetings.
(1)
Meetings shall be scheduled no less than once a month and any meeting
shall be held as scheduled unless canceled for lack of applications
for development to process.
(2)
Special meetings may be called by the Chairman or on request of any
two Board members, provided that there is notice to the members and
the general public in accordance with law.
(3)
No action shall be taken at any meeting without a quorum being present.
All actions shall be by majority vote of a quorum except where a specified
portion of the full authorized membership is required pursuant to
N.J.S.A. 40:55D-9, 40:55D-26, 40:55D-34 and 40:55D-70d.
(4)
All meetings shall be open to the public. Notice of meetings shall
be given in accordance with the Open Public Meetings Act, Chapter
231 of the Laws of 1975.
F.
Minutes. Minutes of regular and special meetings shall be kept and
shall include the names of persons appearing and addressing the Board
and of persons appearing by attorney, the action taken, the findings,
if any, and reasons therefor. The minutes shall be available for public
inspection during normal business hours at the office of the Borough
Clerk. Any interested party shall have the right to compel production
of the minutes and be charged a fee for their reproduction.
G.
Hearings.
(1)
Rules. The Board may make rules governing the conduct of hearings.
The rules shall be consistent with N.J.S.A. 40:55D-1 et seq. and this
chapter. The Board may waive the required notices and hearing for
minor and exempt subdivisions and minor and exempt site plans, except
where a variance or conditional use is part of the application.
(2)
Oaths. The presiding officer, 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. The provisions
of the County and Municipal Investigations Law of 1953 (N.J.S.A. 2A:67A-1
et seq.) shall apply.
(3)
Testimony. The testimony of all witnesses 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.
(4)
Evidence. Technical rules of evidence shall not be applicable, but
irrelevant, immaterial or unduly repetitious evidence may be excluded.
(5)
Records. The 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, upon the request of any interested party, at his expense.
(6)
Certified court reporter. If an applicant desires a certified court
reporter, the cost of recording testimony and transcribing it and
providing a copy of the transcript to the Borough shall be at the
expense of the applicant, who shall also arrange for the reporter's
attendance.
(7)
When any application before the Board requires hearings at two or
more meetings, a member of the Board who was absent for one or more
of the meetings shall be eligible to vote on the matter, provided
that such member has received a transcript or recording of the meeting(s)
from which he/she was absent and certifies, in writing, to the Board
that he/she has read such transcript or listened to such recording.
H.
Complete application and commencing applicable time periods.
(1)
An application for development shall be complete for purposes of
commencing the applicable time period for action at the time the application
is certified complete by the Board. In the event the application is
not certified complete within 45 days of the date of its submission,
the application shall be deemed complete upon the expiration of the
forty-five-day period, after which the applicable time period for
acting on the application shall begin, unless:
(2)
The applicant may request that one or more of the submission requirements
be waived, in which event, the approving authority shall grant or
deny the request within 45 days.
(3)
Nothing herein shall be construed as diminishing the applicant's
obligation to prove that he is entitled to approval of the application.
(4)
The Board may subsequently require correction of any information
found to be in error, submission of additional information not specified
in the ordinance, and revisions in documents as are reasonably necessary
to make an informed decision on whether the requirements have been
met. The application shall not be deemed incomplete for lack of any
such additional information or revisions required by the Board.
I.
Decisions.
(1)
Each decision on an application for development shall be reduced
to writing, including findings of fact and conclusions thereon, by:
(a)
A resolution adopted at a meeting held within the required time
period for action on the application; or
(b)
A memorializing resolution adopted at a meeting held not later
than 45 days after the date of the meeting at which the Board voted
to grant or deny approval. Only the members who voted for the action
taken may vote on the memorializing resolution, and the vote of a
majority of such members present at the meeting at which the resolution
is presented for adoption shall be sufficient to adopt the resolution.
(2)
An action resulting from the failure of a motion to approve an application
shall be memorialized by a resolution, as provided above, with those
members voting against the motion for approval being the members eligible
to vote on the memorializing resolution.
(3)
The vote on any such resolution shall be deemed to be a memorialization
of the action of the Board and not to be an action of the Board. However,
the date of the adoption of the resolution shall constitute the date
of the decision for purposes of mailings, filings and publications.
If the Board fails to adopt a resolution or memorializing resolution,
any interested party may apply to the Superior Court in a summary
manner for an order compelling the Borough agency to reduce its findings
and conclusions to writing within a stated time, and the cost of the
application, including attorney's fees, shall be assessed against
the Borough.
J.
Site Plan Review Advisory Board. The joint Land Use Board Chairperson shall appoint three members of the Board to serve on the Site Plan Review Advisory Board and designate one as the Advisory Board Chairperson. The Zoning Officer shall also serve on the Site Plan Review Advisory Board. The joint Land Use Board Engineer and Attorney will provide services on an as-needed basis. Persons appointed to the Advisory Board shall have no power to vote or take action required by the joint Land Use Board. The Advisory Board shall review subdivision and site plan applications and any other functions which the Board may refer to it to identify compliance or noncompliance with Chapter 260, Land Use and Development, and to make recommendations to the Board. The Committee shall provide advice to applicants and the Board concerning the compliance of the application for development with the design standards. Persons on the Committee shall have no power to vote or take any action required by the Board unless otherwise an appointed member of said Board. Nothing herein shall extend the time within which the Joint Land Use Board shall act pursuant to 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 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.
