There shall be established pursuant to the Municipal
Land Use Law (N.J.S.A. 40:55D-1) the reviewing boards hereinafter
provided. Nothing herein contained shall be deemed to diminish the
right of the Township heretofore or hereafter exercised to establish
additional boards or agencies pursuant to other statutes or in the
general powers of the Township which may have duties in connection
with land development applications. This section is limited to the
establishment of boards whose authority stems from the Municipal Land
Use Law.
A.
Creation. A Zoning Board of Adjustment is hereby established
within the Township of Burlington pursuant to the provisions of N.J.S.A.
40:55D-69 et seq.
B.
Membership.
(1)
Number. The Zoning Board of Adjustment shall consist of seven residents of the Township of Burlington. In addition to regular members, there shall be four alternate members who should be designated by the Council at the time of appointment as "Alternative No. 1," "Alternative No. 2," "Alternative No. 3," and "Alternative No. 4," after appointment as provided in Subsection B(2) below.
[Amended 9-27-2005 by Ord. No. 05-OR-024]
(2)
Appointment. The Zoning Board of Adjustment shall
be appointed by the Township Council of the Township of Burlington.
(3)
Term. Members of the Zoning Board of Adjustment shall
be appointed for terms of four years, which shall run from January
1 of the year of their appointment. The terms of members first appointed
shall be so determined that to the greatest practical extent the expiration
of such terms shall be distributed evenly over the first four years
after their appointment, provided that the initial term of no member
shall exceed four years. Nothing in this chapter shall, however, be
construed to affect the term of any present member of the Zoning Board
of Adjustment, all of whom shall continue in office until the completion
of their term for which they may hold any elected office or position
under the municipality. The terms of alternate members first appointed
shall be so determined that to the greatest practical extent the expiration
of such terms shall be distributed evenly over the first two years
after their appointment, provided that the initial term of no alternate
member shall exceed two years.
(4)
Vacancy. All appointments to fill vacancies caused
other than by expiration of a member's term shall be filled for the
unexpired term only.
(5)
Officers. At the annual reorganization meeting of
the Zoning Board of Adjustment, the Board shall from among its members
select a Chairman who shall preside at all meetings of the Zoning
Board of Adjustment. In addition, the Board of Adjustment shall select
one of its members to serve as Secretary of the Zoning Board of Adjustment,
who with the administrative assistance of the Office of Licensing
and Inspection shall cause the clerical duties of the Board to be
accomplished.
(6)
Compensation. The Zoning Board of Adjustment members
shall not receive compensation for the performance of their duties
as Board members.
(7)
Powers of alternate members. Alternate members may
participate in discussions of the proceedings but may not vote except
in the absence or disqualification of a regular member. 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.
C.
Meetings.
(1)
Regular meetings. The Zoning Board of Adjustment at
its annual reorganization meeting shall determine the date when it
will hold its regular meetings, which shall occur not less than once
a month.
(2)
Change of regular meetings. Where it becomes necessary
during the holidays or other cause to change the date of a regularly
scheduled meeting, the Zoning Board of Adjustment shall by resolution
provide for an alternate date, causing proper notice to be published
in a newspaper of general circulation within the municipality of the
proposed change.
(3)
Special meetings. Special meetings of the Zoning Board
of Adjustment will be held at the call of the Chairman, which call
shall conform to the procedures outlined by the Board in its rules
and regulations.
(4)
Conduct of meeting. The Chairman or, in his absence,
a member of the Board selected at the meeting to be the Acting Chairman
shall during the meeting of the Board act as its presiding officer,
and in this connection he may administer oath and compel the attendance
of witnesses. The Chairman shall see that the minutes of the meeting
show the vote of each member upon questions, or if the member is absent
or fails to vote that the minutes reflect this act. The Board shall
in addition keep records of its examinations and other official action,
all of which shall be immediately filed in the office of the Board
and constitute a public record. Specifically, action by the Board
in the conduct of its meeting and the holding of hearings shall conform
with the procedural requirements of N.J.S.A. 40:55D-9 and 40:55D-10.
D.
Rules and regulations. The Board shall have the power
to adopt such further rules and regulations as may be necessary to
carry into effect the provisions and purposes of this chapter and
the enabling legislation. Said rules and regulations shall be in writing
and shall be filed in the office of the Administrative Officer and
shall constitute a public record. In the issuance of subpoenas, administration
of oath, 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.
E.
Powers of the Board of Adjustment. The powers of the
Board of Adjustment shall be in accordance with N.J.S.A. 40:55D-69
et seq., and the amendments and supplements thereto, and it is the
intent of this chapter to confer upon the Zoning Board of Adjustment
full and complete power as the law may provide, including but not
limited to the following:
(1)
Powers granted by law.
(a)
To hear and decide appeals where it is alleged
by the appellant that there is error in any order, requirement, decision
or refusal made by an administrative official or agency based on or
made in the enforcement of this chapter.
(b)
To hear and decide requests for interpretation
of the Zoning Map or this chapter, or for decisions upon other special
questions upon which such Board is authorized by this chapter to pass.
Where a written inquiry as to whether a proposed land use is permissible
under the Zoning Map or this chapter, the Board of Adjustment shall
issue a written response within 45 days after the next meeting following
receipt of the request or within such additional time as may be consented
to by the inquirer.
(c)
Where by reason of exceptional narrowness, shallowness,
or shape of a specific piece of property, or by reason of exceptional
topographical conditions, or by reason of other extraordinary and
exceptional situation or condition of such piece of property the strict
application of any regulation in this chapter would result in peculiar
and exceptional practical difficulties to or exception and undue hardship
upon the developer of such property, grant upon an application or
an appeal relating to such property a variance from such strict application
of such regulation so as to relieve such difficulties or hardship,
including a variance shall be granted under this subsection to allow
a structure or use, and provided, further, that the proposed development
does not require approval by the Planning Board of a subdivision,
site plan or conditional use in conjunction with which the Planning
Board shall review a request for a variance pursuant to Section 47A
of the Municipal Land Use Law of 1975 (N.J.S.A. 40:55D-1 et seq.).
(d)
In particular cases and for special reasons,
grant a variance to allow departure from regulations pursuant to this
chapter, including, but not limited to, allowing a structure or use
in a district restricted against such structure or use, but only by
the affirmative vote of at least five members.
(e)
No variance or other relief may be granted under
the provisions of this section unless such variance or other relief
can be granted without substantial detriment to the public good and
will not substantially impair the intent and purpose of the zone plan
and Zoning Ordinance. Any application under any subsection of this
section may be referred to any appropriate person or agency, including
the Planning Board, for its report, provided that such reference shall
not extend the period of time within which the Zoning Board of Adjustment
shall act.
(2)
Additional powers. The Zoning Board of Adjustment
shall, in addition to the powers specified above, have the powers
given by law to:
(a)
Direct the issuance of a permit pursuant to
N.J.S.A. 40:55D-34 for a building or structure in the bed of a mapped
street or public drainageway, flood control basin or public area reserved
on the Official Map.
(b)
Direct the issuance of a permit pursuant to
N.J.S.A. 40:55D-36 for a building or structure not related to a street.
(c)
The Zoning Board of Adjustment shall have the power to grant, to the same extent and subject to the same restrictions as the Planning Board, subdivision or site plan approval pursuant to Article 5 of Chapter 291 P.L. 1975, or conditional use approval pursuant to N.J.S.A. 40:55D-67 whenever the Board is reviewing an application for approval of a use variance pursuant to Subsection E(1)(d) above.
F.
Procedures. Appeals to the Zoning Board of Adjustment
may be taken by any person aggrieved or by an officer, department,
board or bureau of the municipality affected by any decisions of the
Administrative Officer.
(1)
Manner of appeal.
(a)
Appeals from an administrative decision. Appeals
to the Zoning Board of Adjustment may be taken by any interested party
affected by any decision of an Administrative Officer of the Township
based or made in the enforcement of the Zoning Ordinance or Official
Map. Such appeal shall be taken within 20 days of filing one copy
of the notice of appeal with the officer from whom the appeal is taken
and three copies of the notice of appeal with the Secretary of the
Zoning Board of Adjustment. Said notices of appeal shall specify the
grounds for said appeal. The officer from whom the appeal is taken
shall forthwith transmit to the Board all papers constituting the
record upon which such action appealed from was taken.
(b)
Original jurisdiction. Applications addressed
to the original jurisdiction of the Board of Adjustment without prior
application to the Administrative Officer shall be filed with the
Secretary of the Zoning Board of Adjustment. Three copies of the application
shall be filed. At the time of filing the appeal or application, but
in no event less than 10 days prior to hearing, the applicant shall
also file all plot plans, maps or other papers required by virtue
of any provisions under the Code of the Township of Burlington or
any rule of the Board of Adjustment. The applicant shall also obtain
all necessary forms from the Secretary of the Zoning Board of Adjustment.
The Secretary of the Board shall inform the applicant of the steps
to be taken to initiate the proceedings and of the regular meeting
dates of the Board.
(c)
Appeal stays all proceedings. 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 of Adjustment after the notice
of appeal shall have been filed with him that by reason of the 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 a restraining order which may be granted
by the Board of Adjustment 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.
(2)
(3)
Procedure. The Board of Adjustment shall act in strict
accordance with the procedural requirements specified under N.J.S.A.
40:55D-9 through 40:55D-12 and N.J.S.A. 40:55D-69 et seq.
(4)
Power to reverse or modify decisions. In exercising
the above-mentioned power, the Board of Adjustment may, in conformity
with the provisions of N.J.S.A. 40:55D-1 et seq., or amendments thereto,
or subsequent statutes applying, reverse or affirm wholly or partly
or may modify the order, requirement, decision or determination as
ought to be made and, to that end, have all the powers of the Administrative
Officer from whom the appeal is taken.
G.
Personnel: experts and staff. The Zoning Board of
Adjustment may also employ or contract for and fix compensation of
such experts and other staff and services as may be necessary, provided
that the positions and personnel are more particularly described within
this chapter and funds have been provided for the services to be rendered.
The Board shall not authorize expenditures which exceed, exclusive
of gifts or grants, the amount appropriated by the Township Council
for its use. The Board shall specifically have the power to appoint
the following positions.
(1)
Board attorney.
(a)
Generally. In accordance with the requirements
of law, the Zoning Board of Adjustment shall have the power, right
and responsibility to employ an attorney to advise the Board as to
its legal rights. Said appointee shall be answerable and responsible
to the Board which appoints him. Said attorney shall take action independent
of any action taken by the Township Solicitor in accordance with the
principles of law.
(b)
Term. The Board attorney shall be appointed
for a term of one year, commencing on January 1 of the year of appointment.
(c)
Qualifications. The person appointed Board attorney
shall be a licensed attorney within the State of New Jersey and possess
such other qualifications of ability and experience which the Board
shall deem necessary to perform the duties of the office.
(d)
Compensation. The Board attorney shall receive
reasonable fees and charges for legal services as are provided for
the Board.
(e)
Duties. The Board attorney shall be the legal
advisor to the Zoning Board of Adjustment. He shall prosecute and
defend actions by and against the Board. In furtherance of these powers
and without limitation thereto, he shall:
[1]
Advise the Board as to the form and sufficiency
of all actions prior to their effectiveness.
[2]
Review and approve all contracts, documents
and instruments prior to the execution thereof by or on behalf of
the Board.
[3]
Conduct appeals from orders, decisions or judgments
affecting any interest of the Board as he may, in his discretion,
determine to be necessary or desirable, or as directed by the Board.
[4]
Subject to the approval of the Board, have power
to enter into any agreement, compromise or settlement of any litigation
in which the Board is involved.
[5]
Maintain a record of all actions, suits, proceedings
and matters which relate to the Board's interest, and report thereon
from time to time as the Board may require.
(2)
Administrative officer. The Building Inspector of the Township of Burlington shall be deemed the "administrative officer" to perform the services that said position entails under the provisions of N.J.S.A. 40:55D-1 et seq., and he shall be appointed in conformity with the provisions of § 20-37H of the Code of the Township of Burlington.
(3)
Board engineer.
(a)
Generally. In accordance with the requirements
of law, the Zoning Board of Adjustment shall have the power, right
and responsibility to employ a licensed professional engineer to advise
the Board as to engineering matters. Said appointee shall be answerable
and responsible to the Board which appoints him. Said engineer shall
take action independent of any action taken by the Township Engineer
in accordance with the prevailing principles of law.
(b)
Term. The Board engineer shall be appointed
for a term of one year commencing on January 1 of the year of appointment
and terminating on December 31 of the year of appointment.
(c)
Qualifications. The person appointed Board engineer
shall be a licensed professional engineer within the State of New
Jersey and possess such other qualifications, ability and experience
which the Board shall deem necessary to perform the duties of the
office.
(d)
Compensation. The Board engineer shall receive
reasonable fees and charges for engineering services as are provided
for by the Board.
(e)
Duties. The Board engineer shall be the advisor
on engineering matters to the Zoning Board of Adjustment. In this
connection, he shall review all plans and documents received by the
Zoning Board of Adjustment for its action and make specific recommendations
concerning said matters. In furtherance of these powers and without
limitation thereon, he shall advise the Board as to the form and sufficiency
of all plans, plats and details submitted to the Zoning Board of Adjustment
for its review and approval prior to its approval.
[1]
Review and approve all construction made pursuant
to any plat or plan approved by the Zoning Board of Adjustment to
the extent that said action is not inconsistent with the responsibility
of the Township Engineer and the Planning Board engineer.
[2]
Recommend to the Zoning Board of Adjustment
practices, procedures, rules and regulations which the Board engineer
deems advisable to enact to ensure that proper engineering standards
are followed in all matters to which the Board is asked to give its
approval.
[3]
Make recommendations and suggestions with regard
to engineering matters relating to the Master Plan, Zoning Ordinance,
Site Plan Review Ordinance and any other ordinance within the Board's
jurisdiction which the engineer, pursuant to the request, deems advisable.
[4]
Perform such other duties as the Zoning Board
of Adjustment shall by motion or resolution require.
(f)
Termination or expiration of term. Upon the
termination of the services of the Board engineer or upon expiration
of his term, the Board engineer shall be deemed relieved of all obligation
previously given to the Board engineer by the Zoning Board of Adjustment,
and no further compensation shall be paid for any anticipated earnings,
except that the Board engineer is entitled to receive his reasonable
fees for services previously rendered to the extent that said services
are performed.
A.
Organization.
(1)
Creation. Pursuant to the provisions of N.J.S.A. 40:55D-1
et seq., the Municipal Land Use Law (Chapter 291, P.L. 1975), a Township
Planning Board to consist of nine members is hereby created.
(2)
Membership. Members comprising said Planning Board
shall consist of and be divided into, for convenience in designating
the manner of appointment, the following four classes:[1]
(a)
Class I: The Mayor or the Mayor's designee in
the absence of the Mayor.
(b)
Class II: One of the officials of the municipality
other than a member of the Township Council, to be appointed by the
Mayor, provided that, if there be an Environmental Commission, the
member of the Environmental Commission who is also a member of the
Planning Board, as required by N.J.S.A. 40:56A-1, shall be deemed
to be the Class II Planning Board member for purposes of this chapter
in the event that there be among the Class IV or alternate members
of the Planning Board both a member of the Zoning Board of Adjustment
and a member of the Board of Education.
(c)
Class III: A member of the Township Council
to be appointed by it.
(d)
Class IV: Six other citizens of the municipality
to be appointed by the Mayor. The members of Class IV shall hold no
other municipal office, position or employment, except that one member
be a member of the Zoning Board of Adjustment and one may be a member
of the Board of Education. The member of the Environmental Commission
who is also a member of the Planning Board, as required by N.J.S.A.
40:56A-1, shall be a Class IV member of the Planning Board unless
there be among the Class IV members of the Planning Board both a member
of the Zoning Board of Adjustment and a member of the Board of Education,
in which case the member of the Environmental Commission shall be
deemed to be the Class II member of the Planning Board.
(3)
Compensation. All members of the Board shall serve
as such without compensation.
(4)
Terms.
(a)
The term 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. The
terms of the members composing Class II and Class III shall be for
one year or terminate at the completion of their respective terms
of office, whichever occurs first, except for a Class II member who
is also a member of the Environmental Commission. The term of the
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 his term of office as a member of the Environmental Commission,
whichever occurs first.[2]
(b)
The term of a Class IV member who is also a
member of the Board of Adjustment or Board of Education shall terminate
whenever he is no longer a member of such other body or at the completion
of the 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 evenly distributed over the first four years after their
appointment, as determined by resolution of the Township Council;
provided, however, that the term of any member shall not exceed four
years and further provided that nothing herein shall affect the term
of any present member of the Planning Board, all of whom shall continue
in office until the completion of their terms for which they were
appointed. In the event that a member shall resign from the Planning
Board and leave an unexpired term, appointment shall be made to fill
the unexpired term only. Thereafter, all Class IV members shall be
appointed for terms of four years except as otherwise herein provided.
All terms shall run from January 1 of the year in which the appointment
is made.
(5)
Alternate members.
(a)
There shall be appointed by the Mayor two alternate members for Class IV members. Alternate members shall meet the qualifications of and be subject to the restrictions placed upon Class IV members set forth in § 330-127A(2) of this chapter and N.J.S.A. 40:55D-23.
(b)
Alternate members shall be designated at the
time of appointment by the Mayor as "Alternate No. 1" and "Alternate
No. 2."
(c)
Alternate members shall serve two-year terms.
The terms of both alternate members shall not expire in any one year.
In no instance shall the terms of the alternate members first appointed
exceed two years.
(d)
No alternate member shall be permitted to act
on any matter in which he has either directly or indirectly any personal
or financial interest. An alternate member may, after public hearing
if he requests one, be removed by the governing body for cause.
(e)
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.
(6)
Vacancy. If a vacancy of any class or alternate shall
occur, otherwise than by expiration of the term, it shall be filled
by appointment as above provided for the unexpired term.
(7)
Advisory committee. 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 by the Board.
Such person or persons shall serve at the pleasure of the Mayor.
B.
Rules and regulations.
(1)
In general. The Board shall adopt written rules and
regulations as it deems necessary to carry into effect the provisions
and purposes of this chapter. Such rules and regulations, and amendments
thereto, shall be maintained in the office of the Administrative Officer
and shall be available for public inspection pursuant to the provisions
of N.J.S.A. 40:55D-8a. 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.
(2)
Organization of the Board. The Planning Board shall
elect a Chairman and Vice Chairman from the members of Class IV and
shall select a Secretary, who may be either a member of the Planning
Board or a municipal employee designated by it.
C.
Powers and duties.
(1)
Generally. The Planning Board is authorized to adopt
rules and regulations governing its procedural questions. It shall
also have the following powers and duties:
(a)
To make and adopt and from time to time or amend
a Master Plan for the physical development of the Township, including
any areas outside its boundaries which in the Board's judgment bear
essential relation to the planning of the Township, in accordance
with the provisions of N.J.S.A. 40:55D-28.
(b)
To administer the provisions of the Land Subdivision
Ordinance and Site Plan Review Ordinance of the Township in accordance
with the provisions of said ordinances and the Municipal Land Use
Law of 1975, N.J.S.A. 40:55D-1 et seq.
(c)
To participate in the preparation and review
of programs or plans required by state or federal law or regulations.
(d)
To assemble data on a continuing basis as part
of a continuous planning process.
(e)
To annually prepare a program of municipal capital
improvement projects projected over a term of six years, and amendments
thereto, and recommend same to the governing body.
(f)
To 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-26(a) and also pass upon other matters specifically referred
to the Planning Board by the Township Council pursuant to the provisions
of N.J.S.A. 40:55D-26(b).
(g)
When reviewing applications for approval of
subdivision plats, site plans or conditional uses, to grant the following
to the same extent and subject to the same restrictions as the Zoning
Board of Adjustment: variances pursuant to subsection 57c of the Municipal
Land Use Law; direction pursuant to Section 25 of said Act for issuance
of permits for building or structure in the bed of a mapped street
or public drainageway, flood control basin or public area reserved
pursuant to Section 23 of said Act; and direction pursuant to Section
27 of said Act for issuance of a permit for a building or structure
not related to a street. Whenever relief is requested pursuant to
this subsection, notice of a hearing on the application for development
shall include reference to the request for a variance or direction
for issuance of a permit, as the case may be.
(h)
To perform such other advisory duties as are
assigned to it by ordinance or resolution of the governing body for
the aid and assistance of the governing body or other agencies or
officers.
D.
Personnel: experts and staff. The Planning Board may
employ or contract for the services of experts and other staff and
services as it may deem necessary, provided that the position is set
forth within this chapter and further provided that adequate appropriations
are made available for utilization by the Board in funding the position.
The Board shall not exceed, exclusive of gifts or grants, the amount
appropriated by the governing body for its use. The positions established
pursuant to the provisions of this chapter are as follows:
(1)
Board attorney.
(a)
Generally. In accordance with the requirements
of law, the Planning Board shall have the power, right and responsibility
to employ an attorney to advise the Board as to its legal rights.
Said appointee shall be answerable and responsible to the Board which
appoints him. Said attorney shall take action independent of any action
taken by the Township Solicitor in accordance with the principles
of law.
(b)
Term. The Board attorney shall be appointed
for a term of one year, commencing on January 1 of the year of appointment.
(c)
Qualifications. The person appointed Board attorney
shall be a licensed attorney within the State of New Jersey and possess
such other qualifications of ability and experience which the Board
shall deem necessary to perform the duties of his office.
(d)
Compensation. The Board attorney shall receive
reasonable fees and charges for the legal services as are provided
for the Board.
(e)
Duties. The Board attorney shall be the legal
advisor to the Planning Board. He shall prosecute and defend actions
by and against the Board. In furtherance of these powers and without
limitation thereto, he shall:
[1]
Advise the Board as to the form and sufficiency
of all actions prior to their effectiveness.
[2]
Review and approve all contracts, documents
and instruments prior to the execution thereof by or on behalf of
the Board.
[3]
Conduct appeals from orders, decisions or judgments
affecting any interest of the Board as he may, in his discretion,
determine to be necessary or desirable, or as directed by the Board.
[4]
Subject to the approval of the Board, have power
to enter into any agreement, compromise or settlement of any litigation
in which the Board is involved.
[5]
Maintain a record of all actions, suits, proceedings
and matters which relate to the Board's interest, and report thereon
from time to time as the Board may require.
[6]
Have such other different functions, powers
and duties as may be provided by the Board, state law, or administrative
directive.
(2)
Board engineer.
(a)
Generally. In accordance with the requirements
of law, the Planning Board shall have the power, right and responsibility
to employ a licensed professional engineer to advise the Board as
to engineering matters. Said appointee shall be answerable and responsible
to the Board which appoints him. Said engineer shall take action independent
of any action taken by the Township Engineer in accordance with the
prevailing principles of law.
(b)
Term. The Board engineer shall be appointed
for a term of one year commencing on January 1 of the year of appointment
and terminating on December 31 of the year of appointment.
(c)
Qualifications. The person appointed Board engineer
shall be a licensed professional engineer within the State of New
Jersey and possess such other qualifications, ability and experience
which the Board shall deem necessary to perform the duties of his
office.
(d)
Compensation. The Board engineer shall receive
reasonable fees and charges for engineering services as are provided
for by the Board.
(e)
Duties. The Board engineer shall be the advisor
on engineering matters to the Planning Board. In this connection,
he shall review all plans and documents received by the Planning Board
for its action and make specific recommendations concerning said matters.
In furtherance of these powers and without limitation thereof, he
shall advise the Board as to the form and sufficiency of all plans,
plats and details submitted to the Planning Board for its review and
approval prior to its approval.
[1]
Review and approve all construction made pursuant
to any plat or plan approved by the Planning Board to the extent that
said action is not inconsistent with the responsibility of the Township
Engineer.
[2]
Recommend to the Planning Board practices, procedures,
rules and regulations which the Board engineer deems advisable to
enact to ensure that proper engineering standards are followed in
all matters to which the Board is asked to give its approval.
[3]
Study, recommend and devise plans and materials
which the Board desires to further aid the Board in making specific
recommendations to the Mayor and Council for changes in ordinances
in existence within the Township.
[4]
Make recommendations and suggestions with regard
to engineering matters relating to the Master Plan, Zoning Ordinance,
Site Plan Review Ordinance and any other ordinance within the Board's
jurisdiction which the engineer pursuant to a request deems advisable.
[5]
Perform such other duties as the Planning Board
shall by motion or resolution require.
(f)
Termination or expiration of term. Upon the
termination of the services of the Board engineer or upon expiration
of his term, the Board engineer shall be deemed relieved of all obligation
previously given to the Board engineer by the Planning Board and no
further compensation shall be paid for any anticipated earnings, except
that the Board engineer is entitled to receive his reasonable fees
for services previously rendered to the extent that said services
are performed.
A.
Establishment. There is hereby established a committee
known as the "Joint Staff Committee on Land Development Applications."
B.
Members. The Committee established above shall consist
of the administrative officers for the Zoning Board of Adjustment
and the Planning Board, the attorneys for the Planning Board, Zoning
Board and Township, the engineers for the Zoning Board, Planning Board
and Township. The Mayor and the Chairman of the Zoning Board of Adjustment
and Planning Board shall be ex officio members.
C.
Meetings. The Committee shall meet on the call of
the Administrative Officer, who shall preside at such meetings.
D.
Duties. It shall be the responsibility of the Committee
to review informally all applications for development pending in Burlington
Township submitted to it by the Administrative Officer and to offer
its advice and opinions concerning the procedural and substantive
merits of the proposal. The determinations of the Committee may be
utilized by the Administrative Officer on a reviewing board in exercising
his statutory duties.
E.
Payment of fees. The members of the Committee shall be paid all reasonable fees incurred as a result of their activities, as approved by the respective organization appointing them. Such fees may be charged against escrow accounts maintained pursuant to Article VI of this chapter where appropriate.