There is hereby established in the Borough a
Board of nine members, two alternates and the Mayor's designated alternate,
pursuant to the Municipal Land Use Law.
There is hereby established in the Borough a
Board of nine members, four alternates, and the Mayor's designated
alternate, pursuant to the Municipal Land Use Law, as follows:
A. Class I: The Mayor of the Borough, or the 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 Borough Council, to be appointed by the Mayor.
If the Zoning Officer is appointed the Class II member, the Zoning
Officer shall not participate in the consideration of appeals of the
Zoning Officer for development which involve relief pursuant to N.J.S.A.
40:55D-70d.
C. Class III: A member of the Borough Council to be appointed
by the Borough Council.
D. Class IV: Six citizens of the Borough to be appointed
by the Mayor.
(1) The members of Class IV shall hold no other Borough
office, position or employment except that one such member may be
a member of the Board of Education.
(2) For the purpose of this qualification, membership
on a Borough 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 as holding of Borough office.
(3) All members of the Board, except for the Class II
members, shall be municipal residents.
E. There shall be four alternate members of the Board
appointed by the Mayor who shall be municipal residents. Alternate
members shall meet the qualifications of Class IV members of the Board.
Alternate members shall be designated at the time of appointment by
the Mayor as "Alternate No. 1," "Alternate No. 2," "Alternate No.
3," and "Alternate No. 4."
F. Neither the Class I member or his/her designated alternate,
or Class III members, shall participate in the consideration of applications
for development which involve relief pursuant to N.J.S.A. 40:55D-70d.
As it relates to such applications, only Class IV members of the Board
or alternates shall participate in such deliberations.
The terms of office for Board members shall
be as follows:
A. The term of the Class I member shall correspond to
his/her official tenure in office.
B. The term of the Class II and Class III members shall
be for one year or terminate at the completion of their respective
terms of office, whichever occurs first.
C. The term of a Class IV member who is also a member
of Board of Education shall terminate when he/she is no longer a member
of such other body or at the completion of his/her Class IV term,
whichever occurs first.
D. The term of all Class IV members shall be for four
years, except as provided otherwise herein.
E. The term of alternate members shall be for two years
except the initial term of Alternate No. 4 shall be for one year.
The term of not more than two alternate members shall expire in any
one year.
F. All terms shall run from January 1 of the year in which the appointment is made, except as otherwise provided under Subsection
H.
G. Nothing contained herein shall affect the terms of
any present members of the Board, all of whom shall continue as members
until the completion of the terms for which they were appointed.
H. Vacancies. A vacancy in any Board position, including alternate members, occurring otherwise than by expiration of the member's term shall be filled for the unexpired term only. Appointment of members to fill vacant positions shall be as provided in §
184-10.
I. Removal of members. Any member or alternate member,
other than the Class I member of the Board, after a public hearing
if requested by the member, may be removed by the Governing Body for
cause.
The Board Chair may appoint from among the members
of the Board a Subdivision and Site Plan Committee to review, report
and make recommendations to the full Board regarding subdivision and
site plan applications pending before the Board. The Board Chair may
also appoint from among the members of the Board such other committees
as the Chair may deem advisable in carrying out the functions of the
Board.
The Mayor may appoint one or more persons as
a citizens' advisory committee to assist or collaborate with the Board
in its duties. Such person(s) shall have no power to vote or take
other action required of the Board. Such person(s) shall serve at
the pleasure of the Mayor.
The Board shall follow the provisions of the
Municipal Land Use Law and this chapter, and accordingly shall have
authority to:
A. Prepare, adopt, and amend a Master Plan or component
part thereof;
B. Exercise control over and review and approve or disapprove
in whole or in part of subdivisions, site plans and conditional uses,
including all variances and building permits;
C. Exercise control over and review and approve or disapprove
of all variances whether or not the development which is the subject
of such variance(s) requires subdivision, site plan or conditional
use approval;
D. Exercise informal review of conceptual development
plan;
E. Recommend to the Governing Body the adoption or amendment
of development regulations and an official map;
F. Direct the issuance of building permits for buildings
or structures in certain areas shown on an official map;
G. Direct the issuance of building permits for buildings
or structures on a lot not related to a street;
H. Recommend to the Governing Body concerning the relationship
of capital projects to the Master Plan.
I. Prepare a capital improvements program, if authorized
by the Governing Body.
J. Participate in the preparation and review of programs
or plans required by state or federal law or regulation;
K. Assemble data on a continuing basis as part of a continuous
planning process;
L. Make recommendations to the Governing Body and/or
any housing, parking, highway, special district or other authority,
redevelopment agency, school board or other similar public agency,
state, county or Borough, concerning the relationship of capital projects
to the Master Plan pursuant to N.J.S.A. 40:55D-31;
M. Hear and decide appeals where it is alleged by the
appellant that there is error in any order, requirement, decision,
or refusal made by the Zoning Officer based on or made in the enforcement
or application of the zoning regulations;
N. Hear and decide requests for interpretation of the
Zoning Map or Zoning Regulations or for decisions upon other special
questions upon which the Board is authorized to pass by any zoning
regulation or official map regulation, in accordance with this chapter
and the Municipal Land Use Law;
O. Prepare annually a report for the Mayor and Borough
Council, based upon its review of its decisions on applications and
appeals for variances during the previous year. The report shall be
adopted by resolution of the Board not later than March 1 of each
year, and shall comment on the zoning regulations which were the subject
of variance requests, and shall make recommendations for any amendments
to the zoning regulations that the Board may deem appropriate based
upon prior variance applications.