[Added by Ord. No. 13-1998]
A.
Classification.
(1)
There is established, pursuant to N.J.S.A. 40:55D-23 et seq., in
the City a Land Use Board 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 City, other than a member
of the Common Council, to be appointed by the Mayor.
(c)
Class III: a member of the Common Council to be appointed by
it.
(d)
Class IV: six other citizens of the City to be appointed by
the Mayor.
(2)
Each Class IV member shall hold no other municipal office, position
or employment, except that one such member may be a member of the
Historic Preservation Commission and one such member may be a member
of the Board of Education. For the purpose of this section, 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.
Terms. 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. The terms of the
members composing Class II and Class III shall be for a 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 that person is no longer a member
of the Board of Education or at the completion of that person's Class
IV term, whichever occurs first. The terms of all Class IV members
first appointed pursuant to this chapter shall be so determined that
to the greater 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 member shall be
four years. 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 above provided, for the unexpired term. The term of appointment
of any class of member shall commence on January 1.
C.
Personal or financial interest; removal. No member shall be permitted
to act on any matter in which the member has, either directly or indirectly,
any personal or financial interest. Any member other than the Mayor,
after a public hearing if the member requests one, may be removed
by the Common Council for cause.
D.
Alternate members; appointment; personal or financial interest; removal.
The Mayor shall appoint two alternate members who meet the qualifications
of Class IV members. Alternate members shall be designated at the
time of appointment by the Mayor as "Alternate No. 1" and "Alternate
No. 2." 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 one alternate member shall expire in any
one year. Nothing herein shall affect the term of any present alternate
member of the Land Use Board, all of whom shall continue in office
until completion of the term for which they were appointed. A vacancy
occurring other than by expiration of term shall be filled by the
Mayor for the unexpired term only. An alternate member shall not act
on any matter in which the alternate member has either directly or
indirectly any personal or financial interest. An alternate member
may, after public hearing if the member requests one, be removed by
the governing body for cause.
E.
Participation by alternate members. Alternate members may participate
in discussions or 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.
F.
Commencement of term. Terms shall commence as of January 1 in the
year in which the appointment shall be made.
The Land Use Board shall annually elect a Chairperson and Vice
Chairperson 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 City employee.
The Land Use Board shall annually appoint and fix the compensation
by contract for legal counsel, other than the City Solicitor, experts,
and other staff and services as it may deem necessary, not exceeding,
exclusive of gifts or grants, the amount appropriated by the governing
body for its use.
The Land Use Board shall adopt and may amend reasonable rules
and regulations, not inconsistent with the Municipal Land Use Law
or with any applicable ordinance, for the administration of its functions,
powers and duties, and shall furnish a copy thereof to any person
upon request and may charge a reasonable fee for such copy.
As a result of the Land Use Board exercising the powers and
duties of a Zoning Board of Adjustment, the Class I and Class III
members of the Land Use Board are prohibited from participating in
the consideration of applications for development which seek relief
pursuant to N.J.S.A. 40:55D-70d.
The Land Use Board shall, in accordance with the Municipal Land
Use Law, exercise its powers in regard to:
A.
Preparation, adoption or amendment of the Master Plan pursuant to
N.J.S.A. 40:55D-28 et seq.;
B.
Subdivision and site plan review and approval pursuant to N.J.S.A.
40:55D-27 et seq.;
C.
Review of the Official Map, pursuant to N.J.S.A. 40:55D-32 et seq.;
D.
The adoption of any zoning ordinance, development regulation, revision or amendment thereto; it shall make and transmit to the Common Council, within 35 days after referral, pursuant to N.J.S.A. 40:55D-26 and 40:55D-64, a report including identification of any provisions in the Article VII of this chapter, development regulation, revision or amendment, which are inconsistent with the Master Plan and recommendations concerning these inconsistencies and any other matters as it deems appropriate;
E.
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
drainage way, flood control basin or public area reserved pursuant
to N.J.S.A. 40:55D-32;
F.
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;
G.
Granting of approval for a conditional use pursuant to N.J.S.A. 40:55D-67;
H.
Hearing and deciding an appeal from any interested party affected by any decision of an administrative officer of the City based on or made in the enforcement of the Article VII of this chapter or Official Map pursuant to N.J.S.A. 40:55D-72 or as to the existence of a nonconforming structure or use pursuant to N.J.S.A. 40:55D-68;
I.
Participating in the preparation and review of programs or plans
required by state or federal law or regulation;
J.
Assembling data as part of a continuous planning process;
K.
Performing such other advisory duties as are assigned to it by ordinance
or resolution of Common Council for the aid and assistance of the
governing body or other agencies or officers;
L.
Granting at the request of a developer, pursuant to N.J.S.A. 40:55D-10.1,
an informal review of a concept plan for development. Fees for an
informal review shall be a credit toward fees for review of the application
for development;
N.
Adopting rules, regulations and procedures with accompanying forms
or documents, for the proper administration of these powers, duties
and responsibilities;
O.
Hearing and deciding requests for interpretation of the Zoning Map
or Chapter VII of this chapter or for decisions upon other special
questions upon which it is authorized to pass by any Zoning or Official
Map ordinance, in accordance with the Municipal Land Use Law;
P.
Variances.
(1)
Where by reason of exceptional narrowness, shallowness or shape of
a specific piece of property; or by reason of exceptional topographic
conditions or physical features uniquely affecting a specific piece
of property; or by reason of an extraordinary and exceptional situation
uniquely affecting a specific piece of property or the structures
lawfully existing thereon, the strict application of any zoning regulation
would result in peculiar and exceptional practical difficulties to,
or exception and undue hardship upon, the developer of such property,
grant, upon an application or an appeal relating to such property,
a variance from such strict application or such regulation so as to
relieve such difficulties or hardship;
(2)
Where in an application or appeal relating to a specific piece of property the purposes of the Municipal Land Use Law would be advanced by a deviation from the Article VII of this chapter requirements and the benefits of the deviation would substantially outweigh any detriment, grant a variance to allow departure from the zoning regulations;
Q.
In particular cases for special reasons, grant a variance to allow
departure from zoning regulations to permit:
(1)
A use or principal structure in a district restricted against such
use or principal structure;
(2)
An expansion of a nonconforming use;
(3)
Deviation from a specification or standard pursuant to N.J.S.A. 40:44D-67
pertaining solely to a conditional use;
(4)
An increase in the permitted floor area ratio as defined in N.J.S.A.
40:55D-4;
(5)
An increase in the permitted density as defined in 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
(6)
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, which shall not include the Class I
or Class III members;
R.
Annually reviewing its decisions on applications and appeals for
variances and preparing and adopting by resolution a report of its
findings on zoning provisions which were the subject of variance requests
and its recommendations for zoning provision amendments or revisions,
if any. The report and resolution shall be filed with the Municipal
Clerk no later than February 28.
Any variance as of January 1, 1999, granted by the Land Use
Board permitting the erection or alteration of any structure or structures,
or permitting a specified use of any premises, shall expire by limitation
unless such construction or alteration shall have been actually commenced
on each and every structure permitted by such variance, or unless
such permitted use shall have actually been commenced, within one
year from the date of entry of the judgment or determination of the
Land Use Board; except, however, that the running of the period of
limitation herein provided shall be tolled from the date of filing
an appeal from the decision to a court of competent jurisdiction,
until the termination in any manner of such appeal or proceeding.
