The Board is created pursuant to N.J.S.A. 40:55D-25(c),
and the title of the Board shall be "Woolwich Township Joint Land
Use Board."
A.
The Joint Land Use Board shall serve as a Planning
Board and a Zoning Board of Adjustment pursuant to the provisions
of N.J.S.A. 40:55D-25(c) and shall be established in accordance with
the provisions set forth in N.J.S.A. 40:55D-1 et seq.
B.
The nine-member Board shall exercise all the powers
of the Zoning Board of Adjustment, but the 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.
Any reference to the Planning Board or Zoning Board of Adjustment
in any existing Woolwich Township ordinance or Township code shall
be deemed to refer to the Joint Land Use Board.
A.
All members of the Joint 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:
(1)
Class I: the Mayor or Mayor's designee in the absence
of the Mayor.
(2)
Class II: one of the officials of the Township other
than a member of the governing body, to be appointed by the Mayor.
(3)
Class III: a member of the governing body to be appointed
by it.
(4)
Class IV: six other citizens of the Township, to be
appointed by the Mayor. 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.
B.
Alternate members: four alternates meeting qualifications
of Class IV members and appointed by the Mayor 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.
C.
Pursuant to N.J.S.A. 40:55D-10.2, a member of the
Joint 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 Joint 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
respective 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 provisions.
(1)
If a vacancy in any class shall occur otherwise than
by expiration of the Joint Land Use Board term, it shall be filled
by appointment as provided by regular members, for the unexpired term.
(2)
No member of the Joint 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 of each year.
