Pursuant to N.J.S.A. 40:55D-25c(1) (New Jersey Municipal Land
Use Law) the planning board initially established pursuant to c. 291,
P.L. 1975[1] shall be known as the "Borough of River Edge Municipal
Land Use Board" and exercise all the powers previously delegated to
the Zoning Board of Adjustment.
The Municipal Land Use Board shall be composed of nine members
consisting of the following four classes:
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 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 Municipal Land Use Board as
required by N.J.S.A. 40:56A-1 shall be deemed to be the Class II Municipal
Land Use Board member if there is both a member of the Zoning Board
of Adjustment and a member of the Board of Education among the Class
IV members.
C. Class III. A member of the governing body 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, except that one member may be a member of the Board of Education.
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.
The Municipal 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 Municipal Land Use Board or a municipal
employee designated by it.
There is hereby created the office of Municipal Land Use Board
Attorney. The Municipal Land Use Board may annually appoint, fix the
compensation of or agree upon the rate of compensation of the Municipal
Land Use Board Attorney, who shall be an attorney other than the Municipal
Attorney.
The Municipal 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 governing body for its use.
The Board shall adopt such rules and regulations as may be necessary
to carry into effect the provisions and purposes of this chapter.
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. It shall also
have the following powers and duties:
A. To act, pursuant to the powers granted to planning boards by N.J.S.A.
40:55D-25.
B. To make and adopt and from time to time amend a master plan for the
physical development of the municipality, including any areas outside
its boundaries which in the Board's judgment bear essential relation
to the planning of the municipality, in accordance with the provisions
of N.J.S.A. 40:55D-28.
C. To administer the provisions of the Land Subdivision Ordinance and
Site Plan Review Ordinance of the municipality in accordance with the provisions of said ordinances and
the Municipal Land Use Law, Chapter 291, P.L. 1975, N.J.S.A. 40:55D-1
et seq.
D. To approve conditional use applications in accordance with the provisions
of the Zoning Ordinance pursuant to N.J.S.A. 40:55D-67.
E. To participate in the preparation and review of programs or plans
required by state or federal law or regulations.
F. To assemble data on a continuing basis as part of a continuous planning
process.
G. To annually prepare a program of municipal capital improvement projects,
projected over a term of six years, and amendments thereto, and recommend
the same to the governing body.
H. 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-26a, and also
pass upon other matters specifically referred to the Planning Board
by the governing body, pursuant to the provisions of N.J.S.A. 40:55D-26b.
I. When reviewing applications for approval of subdivision plats, site
plans or conditional uses, to grant to the same extent and subject
to the same restrictions as the Zoning Board of Adjustment.
J. To grant variances pursuant to Subsection 57c of Chapter 291, P.L.
1975,[3] from lot area, lot dimensional setback and yard requirements;
provided that such relief from lot area requirements shall not be
granted for more than one lot. 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.
K. 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.
L. To administer the provisions of Part 7, Soil Removal.
M. To administer the provisions of ordinances and laws related to planned
unit developments.
N. To act, pursuant to the powers granted to boards of adjustment by
N.J.S.A. 40:55D-70, except that Class I and Class III members shall
not participate in the consideration of applications for development
which involve relief pursuant to subsection d. of N.J.S.A. 40:55D-70.
O. To exercise such powers and duties as the Joint Planning Board may
be given under Part 9, Zoning.
P. To administer the provisions of such other ordinances and laws as
may require review, report or other action.
Applications for development within the jurisdiction of the
Municipal Land Use Board pursuant to the provisions of c. 291, P.L.
1975 shall be filed with the Secretary of the Municipal Land Use Board.
The applicant shall file at least 14 days before the date of the monthly
meeting of the Board 12 copies of a sketch plat; three copies of applications
for minor subdivision approval; three copies of applications for major
subdivision approval or three copies of an application for site plan
review, conditional use approval or planned development. At the time
of filing the application but in no event less than 10 days prior
to the date set for hearing, the applicant shall also file all plot
plans, maps or other papers required by virtue of any provision of
this chapter or any rule of the Municipal Land Use Board. The applicant
shall obtain all necessary forms from the Secretary of the Municipal
Land Use Board. The Secretary of the Board shall inform the applicant
of the steps to be taken to initiate applications and of the regular
meeting dates of the Board.
The Mayor may appoint one or more persons as a Citizens Advisory
Committee to assist or collaborate with the Municipal Land Use Board
and 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.
The Municipal Land Use Board shall make available to the Environmental
Commission an informational copy of every application for development
to the Municipal Land Use Board. Failure of the Municipal Land Use
Board to make such informational copy available to the Environmental
Commission shall not invalidate any hearing or proceeding.
In accordance with N.J.S.A. 40:55D-8, the Municipal Land Use
Board is hereby authorized to adopt and may amend reasonable rules
and regulations not inconsistent with the New Jersey Municipal Land
Use Law (MLUL) N.J.S.A. 40:55D for the administration of its functions,
powers, duties and to carry into effect the provisions and purposes
of this chapter.
For purposes of administration of this Article
I, the following officer is designated as administrative officer to the Municipal Land Use Board: the Secretary of the Municipal Land Use Board. Such officer shall have the powers and duties provided by N.J.S.A. 40:55D-1 et seq. and by the ordinances of the Borough of River Edge adopted pursuant thereto.