Borough of Seaside Heights, NJ Article II Joint Land Use Board

§ 246-22 Membership.

A. The Borough of Seaside Heights hereby establishes a Municipal Land Use Board comprised of nine regular members and two alternate members.

(1) For convenience in designating the manner of appointment, membership shall consist of:

(a) Class I: the Mayor, or the Mayor's designee in the absence of the Mayor, provided that such person is so designated by the Mayor in writing.

(b) Class II: a municipal official other than a member of the governing body, to be appointed by the Mayor.

(c) Class III: a member of the governing body appointed by said body.

(d) Class IV: other citizens of the Borough of Seaside Heights, appointed by the Mayor. No Class IV member shall hold any other municipal office, position or employment.

(2) For the purpose of this section, membership on a municipal board or commission whose function is advisory in nature and not required to be established by statute shall not be considered the holding of municipal office.

B. The terms of office for each class shall be:

(1) Class I: The term 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.

(2) Class II: The term shall be for one year or terminate with the term of office, whichever comes first.

(3) Class III: The term shall be for one year or terminate with the term of office, whichever comes first.

(4) Class IV: The term of a Class IV member shall be four years. An unexpired term shall be filled by appointment, as provided for herein, for the remainder of the term.

C. No member shall be permitted to act on any matter in which he has, directly or indirectly, any personal or financial interest.

D. Alternate members.

(1) Two alternates under Class IV membership shall be provided and shall be designated by the Mayor as "Alternate No. 1" and "Alternate No. 2."

(2) Alternate members shall serve for two years, except that the term of not more than one alternate shall expire in any one year. An unexpired term shall be filled by appointment, as provided for herein, for the remainder of the term only.

(3) The same rules of ethical conduct and rules for removal which apply to regular Land Use Board members shall apply to alternate members.

(4) Alternate members may participate in discussions but shall not vote except in the absence or disqualification of a regular member of any class. Votes delayed in order for a regular member to vote shall not be permitted. If a choice must be made as to which alternate shall vote, Alternate No. 1 shall vote.

§ 246-23 Organization.

The Board shall elect a Chairman and Vice Chairman from the Class IV membership, select a Secretary who may or may not be a member or a municipal employee and shall fill such other offices as may be established by ordinance. The Board may employ and fix the compensation of legal counsel, other than the Municipal Attorney, and experts, and other staff and services deemed necessary, but not to exceed, exclusive of gifts or grants, the amount appropriated by the governing body for its use.

§ 246-24 Powers and duties.

A. The Land Use Board shall exercise its powers according to this chapter in regard to:

(1) The Master Plan (N.J.S.A. 40:55D-28 et seq.).

(2) Subdivision control and site plan review (N.J.S.A. 40:55D-37 et seq.).

(3) The Official Map (N.J.S.A. 40:55D-32 et seq.).

(4) The Zoning Ordinance, including conditional uses (N.J.S.A. 40:55D-62 et seq. and N.J.S.A. 40:55D-67 et seq.).

(5) The capital improvements program (N.J.S.A. 40:55D-29 et seq.).

(6) Variances and certain building permits in conjunction with subdivision, site plan and conditional use approval (N.J.S.A. 40:55D-60 et seq.).

B. The Land Use Board may:

(1) Participate in the preparation and review of plans or programs required by state or federal law or regulation.

(2) Assemble data on a continuing basis as part of a continuous planning process.

(3) Perform such other advisory duties as are assigned to it by the governing body for the aid and assistance of the governing body or other governmental agencies.

C. The Land Use Board shall exercise, to the same extent and subject to the same restrictions, all the powers of a board of adjustment; but the Class I and the Class III members shall not participate in the consideration of applications for development which involve relief pursuant to Subsection d of Section 57 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-70). The Land Use Board expressly has such powers pursuant to the provisions of N.J.S.A. 40:55D-25c and the fact that the Borough of Seaside Heights has a population of 10,000 or less.

§ 246-25 Referral powers.

A. Within 35 days after referral, the Land Use Board shall submit to the governing body a report on a proposed development regulation, revision or amendment thereto, including identification of provisions in said proposed changes which are inconsistent with the Master Plan and the Board's recommendations. The governing body shall review the report of the Land Use Board, and may disapprove or change any recommendations by a vote of a majority of its full authorized membership and shall record the reasons for not following the Board's recommendations. Failure of the Land Use Board to transmit its report within 35 days shall relieve the governing body from the requirements of this section. Nothing herein shall be construed to diminish the application of the provisions of N.J.S.A. 40:55D-32 to any Official Map or of N.J.S.A. 40:55D-62 to any zoning ordinance.

B. The governing body may, by ordinance, provide for the reference of any matter to the Land Use Board before final approval of said matter. Such referral shall not extend the time for action, whether or not the Board has submitted its report. Land Use Board recommendations shall not be rejected by any other municipal body except by a majority of the full authorized membership of such other body.

§ 246-26 Citizens Advisory Committee.

The Mayor may appoint one or more persons as a Citizens Advisory Committee to assist or collaborate with the Land Use Board, but such persons forming said Committee shall have no power to vote and shall serve at the pleasure of the Mayor.

§ 246-26.1 (Reserved) [1]

[1] Editor’s Note: Former § 246-26.1, Right to appeal to Borough Council, added 12-18-2002 by Ord. No. 2002-29, was repealed 12-20-2006 by Ord. No. 06-21.