[Amended 4-12-1982 by Ord. No. 82-3; 10-24-1985 by Ord. No.
85-10; 12-27-1988 by Ord. No. 88-31; 2-13-2007 by Ord. No. 2007-01; 2-13-2007 by Ord. No. 2007-07]
All references hereinafter to the “Planning
Board” shall be retitled to the “Land Use Board of Independence
Township.”
A.
There is hereby established in the Township of Independence,
Warren County, New Jersey, a Land Use Board of nine members consisting
of the following four classes.
(1)
Class I: the Mayor.
(2)
Class II: one of the officials of the Township, other
than a member of the Township Committee, to be appointed by the Mayor,
provided that if there is an Environmental Commission, the member
of the Commission who is also a member of the Land Use Board as required
by N.J.S.A. 40:56A-1 shall be deemed to be a Class II Land Use Board
member.
(3)
Class III: a member of the Township Committee appointed
by it.
(4)
Class IV: other citizens of the municipality to be
appointed by the Mayor. The members of Class IV shall hold no other
municipal office, except that one member may be a member of the Environmental
Commission and shall be deemed to be the Class II member of the Land
Use Board. One member may be a member of the Historic Preservation
Commission. One member may be a member of the Township Board of Education.
B.
Alternate members.
(1)
The Mayor may appoint to the Land Use Board not more
than four alternate members to be designated to be known as Alternate
No. 1, Alternate No. 2, Alternate No. 3, and Alternate No. 4. Alternate
members shall meet the qualifications of class members. The terms
of the alternate members shall be for two years, except that the term
of not more than two alternate members shall expire in any one year;
and provided further that in no instance shall the terms of the alternate
members first appointed exceed two years. A vacancy occurring otherwise
than by expiration of term shall be filled by the Mayor for the unexpired
term only. Nothing herein shall affect the term of any present member
of the Land Use Board, all of whom shall continue in office until
the completion of the term for which they were appointed. All terms
shall run from January 1 of the year in which the appointment was
made.
(2)
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.
(3)
Alternate members may participate in discussions 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 and thereafter, if needed,
in the order as designated.
A.
The term of the member composing Class I shall correspond
to his official tenure. The terms of the members composing Class II
shall be for one year or terminate at the completion of their respective
terms of office, whichever occurs first. The term of a Class IV member
who is also a member of the Board of Education shall terminate whenever
he 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 under 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. Thereafter, the Class IV term of each such
member shall occur otherwise than by expiration of the Land Use Board
term, it shall be filled by appointment, as above provided, for the
unexpired term.
B.
No member of the Land Use Board shall be permitted
to act on any matter in which he has, either directly or indirectly,
any personal or financial interest. Any member other than a Class
I member, after a public hearing if he requests one, may be removed
by the Township Committee for cause.
C.
When any hearing before the Land Use Board shall carry
over 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
upon which the hearing was conducted, notwithstanding his absence
from one or more of the meetings; provided, however, that such Board
member has available to him a transcript or recording of the meeting
from which he was absent and certifies, in writing, to the Board that
he has read such transcript or listened to such recording.
The Land Use Board shall elect a Chairman and
Vice Chairman from the members of Class IV and select a Secretary,
who may or may not be a member of the Land Use Board or a municipal
employee. It may employ, or contract for, and fix the compensation
of legal counsel, other than the Township Attorney, a planning consultant,
a civil engineer and other staff and services as it may deem necessary,
not exceeding, exclusive of gifts or grants, the amount appropriated
by the Township Committee for its use.
A.
The Land Use Board shall follow the provisions of
this chapter and shall accordingly exercise its power in regard to:
(3)
(Reserved)
(5)
Variances and certain building permits in conjunction with subdivision, site plan and conditional use approval pursuant to § 255-30.
(6)
Variances pursuant to N.J.S.A. 40:55D-70(c) from lot
area, lot dimensional setback and yard requirements.
(7)
In particular cases for special reasons, granting a variance to allow departure from regulations pursuant to Article VIII of this act to permit: (a) a use or principal structure in a district restricted against such use or principal structure; (b) an expansion of a nonconforming use; (c) deviation from a specification or standard pursuant to Section 54 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-67) pertaining solely to a conditional use; (d) an increase in the permitted floor area ratio as defined in Section 3.1 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-4); (e) an increase in the permitted density as defined in Section 3.1 of P.L. 1975, c. 291 (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 undersized lot or lots resulting from a minor subdivision; or (f) a height of a principal structure which exceeds by 10 feet or 10% the maximum height permitted in the district for a principal structure. A variance under this subsection shall be granted only by affirmative vote of at least five members. Class I and Class III members shall not participate in the application for development which involves relief under this section.
(8)
Hearing and deciding appeals where it is alleged by
the appellant that there is an error in any order, requirement, decision
or refusal made by the administrative officer or based on or made
in the enforcement of the Zoning Ordinance
(9)
Hearing and deciding requests for interpretation of
the Zoning Map or Ordinance or for decisions upon other special questions
upon which the Board is authorized to rule upon in accordance with
the Municipal Land Use Law.
(10)
Directing, pursuant to N.J.S.A. 40:55D-34, 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
pursuant to N.J.S.A. 40:55D-32.
(11)
Directing, pursuant to N.J.S.A. 40:55D-36, the
issuance of a permit for a building or structure not related to a
street.
B.
The Land Use Board may:
(1)
Participate in the preparation and review of programs
or plans required by state or federal law or regulations.
(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 ordinance or resolution of the Township Committee or other
agencies or officers.
A.
Prior to the adoption of a development regulation,
revision or amendment thereto, the Land Use Board shall make and transmit
to the Township Committee, within 35 days after referral, a report,
including recommendations concerning the proposed development regulation,
revision or amendment. The Township Committee, when considering the
adoption of a development regulation, revision or amendment thereto,
shall review the report of the Land Use Board and may disapprove or
change any recommendation by a vote of a majority of its full authorized
membership and shall record in its minutes the reasons for not following
such recommendations. Failure of the Land Use Board to transmit its
report within the thirty-five-day period provided herein shall relieve
the Township Committee from the requirements of this subsection in
regard to the proposed development regulation, revision or amendment
thereto referred to the Land Use Board.
B.
Prior to the hearing on adoption of an ordinance providing for Land Use Board approval of either subdivisions or site plans, or both, or any amendment thereto, the Township Committee shall refer any such proposed ordinance or amendment thereto to the Land Use Board pursuant to Subsection A of this section.
