[HISTORY: Adopted by the Board of Commissioners (now Borough Council) of the Borough of Beach Haven 5-13-2002 by Ord. No. 2002-6.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Site plan review — See Ch. 167.
Subdivision of land — See Ch. 179.
Zoning — See Ch. 212.
[1]
Editor's Note: This ordinance also repealed former Ch. 19, Land Use Administration, consisting of Part 1, Establishment of Land Use Board, adopted 1-25-1993 by Ord. No. 92-37, and Part 2, Land Use Procedures, adopted 12-13-1976 by Ord. No. 76-9, as amended.
The nine-member Borough of Beach Haven Land Use Board shall exercise, to the same extent and subject to the same restrictions, all of the powers of a Planning Board and a Zoning Board of Adjustment as set forth in the Municipal Land Use Law.[1] Any reference to the Planning Board or Zoning Board of Adjustment in any existing Borough of Beach Haven Ordinance shall be deemed to refer to the Land Use Board.
[1]
Editor's Note: See N.J.S.A. 40:55D-1.
All members of the Land Use Board shall be municipal residents and, pursuant to the Municipal Land Use Law, members shall be appointed and shall consist of the four following classes as set forth below:
A. 
Class I. The Mayor or Mayor's designee in the absence of the Mayor.
B. 
Class II. One of the officials of the Borough other than a member of the governing body, to be appointed by the Borough Manager.
[Amended 12-13-2010 by Ord. No. 2010-26]
C. 
Class III. A member of the governing body to be appointed by it.
D. 
Class IV. Six other citizens of the Borough, to be appointed by the Borough Manager. The members of Class IV shall hold no other municipal office, position or employment except that one member may be a member of the Board of Education. For purposes of this section, a membership on a municipal board or commission whose function is advisory in nature, and the establishment of which is discretionary and not required by statute, shall not be considered the holding of municipal office.
[Amended 12-13-2010 by Ord. No. 2010-26]
E. 
Alternate members. Four alternates meeting qualifications of Class IV members and appointed by the Borough Manager and designated as, respectively, "Alternate No. 1, 2, 3 and 4." Alternate members may participate in all matters 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 and if Alternate No. 1 is unavailable, then in descending order of numerical designation.
[Amended 12-13-2010 by Ord. No. 2010-26]
F. 
Pursuant to N.J.S.A. 40:55D-10.2, a member of the Land Use Board who was absent for one or more of the meetings for which a hearing was held or was not a member of the Land Use Board at that time shall be eligible to vote on the matter upon which the hearing was conducted, notwithstanding his or her absence from one or more of the meetings; provided, however, that such Board member has available to him or her the transcript or recording of all of the hearings from which he or she was absent or was not a member, and certifies in writing to the Board that he or she has read such transcript or listened to such recording.
A. 
Class I. 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.
B. 
Class II. The term of the member composing Class II shall be for one year or terminate at the completion of that member's term of office, whichever occurs first.
C. 
Class III. The term of the member composing Class III shall be for one year or terminate at the completion of that member's respective term of office, whichever occurs first.
D. 
Class IV. The terms of the members of Class IV shall be four years. The term of a Class IV member who is also a member of the Board of Education shall terminate whenever that member 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 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 the appointments.
E. 
Alternates. The terms of the alternate members shall be for two years, except that the terms of the alternate members shall be such that the term of not more than two alternate members shall expire in any one year. In no instance shall the terms of the alternate members first appointed exceed two years.
F. 
General membership terms and provisions.
(1) 
If a vacancy in any class shall occur otherwise than by expiration of the Land Use Board term, it shall be filled by appointment as provided by regular members, for the unexpired term.
(2) 
No member of the Land Use Board shall be permitted to act on any matter on which the member has, either directly or indirectly, any personal or financial interest.
(3) 
Any member other than a Class I member, after a public hearing if the member requests one, may be removed by the governing body for cause.
(4) 
The governing body may provide that the term of appointment of any class of member commence on January 1.
[Amended 3-12-2012 by Ord. No. 2012-1C]
A. 
The Land Use Board shall elect a Chairman and Vice Chairman from the members of Class IV. The Land Use Board shall also select a Secretary, who may or may not be a member of the Land Use Board or a municipal employee, and fill such other offices as established by ordinance.
B. 
The Land Use Board may employ or contract for and fix compensation of an Attorney, an Engineer, and such other experts and staff as it may deem necessary. The Land Use Board shall not authorize expenditures which exceed, exclusive of gifts or grants, the amount appropriated by the Borough governing body for its use. The appointments of all staff members, including that of the Land Use Board Attorney and Engineer shall be made at the organization meeting of the Land Use Board and shall continue for one year until the next organization meeting of the Land Use Board, at which time said appointments shall expire and may be renewed.
C. 
The Mayor may appoint one or more persons as a Citizens' Advisory Committee to assist or collaborate with the Land Use Board in its duties, but such person or persons shall have no power to vote or take other action required of the Land Use Board. Such person or persons shall serve at the pleasure of the Mayor.
A. 
The Land Use Board is authorized to adopt bylaws, rules and regulations governing its procedural operations which shall be consistent with Municipal Land Use Law, ordinances of the Borough, and other applicable law.
B. 
The Land Use Board shall also have the powers and duties as set forth in the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., for planning boards and zoning boards of adjustment.
C. 
The Land Use 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 not inconsistent with the purposes and intent of N.J.S.A. 40:55D-1 et seq. and such other applicable general law.
D. 
Any approvals granted by the Land Use Board shall be subject to and conditioned upon approval of any other federal, state or local agency as may be applicable.
A. 
Unless otherwise specified by the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., ordinance or governing body resolution, procedures for any development application, subdivision approval, site plan approval, variance or appeal from an administrative officer shall be as set forth in rules and regulations adopted by the Borough Land Use Board.
B. 
Regular meetings of the Land Use Board shall be scheduled no less than once a month and shall comply with the Open Public Meetings Act,[1] as applicable.
[1]
Editor's Note: See N.J.S.A. 10:4-6 et seq.
C. 
A verbatim recording shall be made of all hearings before the Land Use Board.
D. 
Five copies of any application shall be filed with the appropriate designated administrative officer. A PDF file of the complete application shall be e-mailed to the Land Use Board Secretary.
[Amended 10-11-2005 by Ord. No. 2005-25; 6-11-2018 by Ord. No. 2018-15C]
E. 
Every application for development shall be accompanied by a certification from the Tax Collector of the Borough that no taxes or assessments for local improvements are due or delinquent on the property for which any application is made.
Any section or provision of the Code of the Borough of Beach Haven, including, without limitation, Chapter 90 (Land Development Fees), Chapter 167 (Site Plan Review), Chapter 179 (Subdivision of Land) and Chapter 212 (Zoning), which contains provisions contrary to the provisions of this chapter shall be and hereby is repealed to the extent of any such inconsistency.
[Added 10-11-2005 by Ord. No. 2005-25; amended 2-14-2006 by Ord. No. 2006-2]
All applications or matters which come before the Borough of Beach Haven Land Use Board shall be subject to the notice requirements of N.J.S.A. 40:55D-12 et seq. and shall be submitted not later than 21 days prior to the next hearing date. However, an application to the Land Use Board pursuant to § 167-9, exceptions to site plan, shall require notice in the official newspaper as designated by the Land Use Board only. No additional notice for such application shall be required.
[Added 12-29-2022 by Ord. No. 2022-33C]
A. 
Any interested party may appeal to the Borough Council any final decision of the Land Use Board approving an application for development pursuant to Subsection d of Section 57 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-70). Such appeal shall be made within 10 days of the date of publication of such final decision pursuant to Subsection i of Section 6 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-10). The appeal to the Borough Council shall be made by serving the Borough Clerk in person or by certified mail with a notice of appeal, specifying the grounds thereof and the name and address of the appellant and the name and address of his attorney, if represented. Such appeal shall be decided by the Borough Council only upon the record established before the Land Use Board.
B. 
Notice of the meeting to review the record below shall be given by the Borough Clerk, on behalf of the Borough Council, by personal service or certified mail to the appellant, to those entitled to notice of a decision pursuant to Subsection h of Section 6 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-10) and to the Land Use Board at least 10 days prior to the date of the meeting. The parties may submit oral and written arguments on the record at such meeting, and the Borough Council shall provide for verbatim recording and transcripts of such meeting pursuant to Subsection f of Section 6 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-10).
C. 
Preparation of transcript.
(1) 
The appellant shall, within five days of service of the notice of the appeal pursuant to Subsection A hereof, arrange for a transcript for use by the Borough Council in one of the following ways:
(a) 
By paying a deposit of $50 or the estimated cost of such transcript, whichever is less, to the Borough Clerk for the preparation of the transcript by the Borough; or
(b) 
Within 35 days of service of the notice of appeal, submit 10 copies of a transcript arranged for by the appellant to the Borough Clerk and serve a copy of the same upon the applicant. If the transcript is prepared by the Borough of Beach Haven, the appellant shall be required to pay the balance due for the preparation of the transcript, if any, before the hearing is held by the Borough Council. The Borough Clerk shall be required to serve a copy of the transcript upon the applicant.
(2) 
In the event that the appellant does not comply with either Subsection C(1)(a) or (b) above, the appeal may be dismissed for failure to prosecute.
D. 
Upon receipt of the notice of appeal by the Borough Clerk, the Borough Clerk shall forward a copy of the same to the Borough Council, the Borough Manager, the Borough Attorney and the Borough Construction Official. In addition, the Borough Clerk shall give a copy of this section to the appellant. Upon receipt of the notice of appeal by the Borough Council, the Borough Council shall set a hearing date, said hearing date to be not more than 60 days from the date of publication of the notice of the decision of the Land Use Board. The hearing date and the status of the appeal shall be put on all future Borough Council agendas as a carried item until such time as the hearing has been concluded.
E. 
The Borough Council shall conclude a review of the record below not later than 95 days from the date of publication of notice of the decision below pursuant to Subsection i of Section 6 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-10), unless the applicant consents, in writing, to an extension of such period. Failure of the Borough Council to hold a hearing and conclude a review of the record below and to render a decision within such specified period shall constitute a decision affirming the action of the Board.
F. 
The Borough Council may reverse, remand or affirm with or without the imposition of conditions the final decision of the Land Use Board approving a variance pursuant to Subsection d of Section 57 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-70). The review shall be made on the record made before the Land Use Board.
G. 
The affirmative vote of a majority of the full authorized membership of the Borough Council shall be necessary to reverse or remand to the Land Use Board or to impose conditions on or alter conditions to any final action of the Land Use Board. Otherwise, the final action of the Land Use Board shall be deemed to be affirmed; a tie vote of the Borough Council shall constitute affirmance of the decision of the Land Use Board.
H. 
An appeal to the Borough Council shall stay all proceedings in furtherance of the action in respect to which the decision appealed from was made, unless the Land Use Board certifies to the Borough Council after the notice of appeal shall have been filed with such Board that, by reason of facts stated in the certificate, a stay would, in its opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed other than by an order of the Superior Court on application upon notice to the Land Use Board and on good cause shown.
I. 
The Borough Council shall mail a copy of the decision to the appellant or, if represented, then to his attorney, without separate charge, and for a reasonable charge to any interested party who has requested it, not later than 10 days after the date of the decision. A brief notice of the decision shall be published in the official newspaper of the Borough of Beach Haven. Such publication shall be arranged by the applicant, and a copy of said publication shall be filed with the Borough Clerk within 20 days after the date of the publication. In the event that the Borough Clerk does not receive a copy of said publication within said twenty-day time period, the Borough Clerk shall arrange for the publication required herein. The period of time in which an appeal to a court of competent jurisdiction may be made shall run from the date of the publication of the decision of the Borough Council.
J. 
Nothing herein shall be construed to restrict the right of any party to obtain a review by any court of competent jurisdiction according to law.