[Added 4-11-2012 by Ord. No. 2012-02[1]]
[1]
Editor’s Note: This ordinance also repealed former Art. 19-700, Zoning Board of Adjustment and Planning Board, as amended; and provided an effective date of 5-9-2012.
A. 
A Land Use Board is hereby established, consisting of nine members who shall serve for their respective terms pursuant to N.J.S.A. 40:55D-23. The nine members of the Land Use Board shall consist of the following classes:
(1) 
Class I: the Mayor or designee.
(2) 
Class II: one of the officials of the municipality 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.
(4) 
Class IV: six other citizens of the municipality who shall be appointed by the Mayor. Said members shall not hold any other municipal office, position or employment, except that one member may be a member of the Historic Preservation Commission and one member may be a member of the Board of Education. If the municipality has an Environmental Commission, a member of the Environmental Commission shall be a member of the Land Use Board as required by § 1 of P.L. 1968, c. 245 (N.J.S.A. 40:56A-1), who shall be a member of Class IV of the Land Use Board unless there are among the Class IV or alternate members of the Land Use Board a member of the Historic Preservation Commission and a member of the Board of Education, in which case said Environmental Commission member shall be the Class II member of the Land Use Board.
B. 
Alternate members.
(1) 
There shall be four alternate members appointed to the Land Use Board as Class IV members. The Mayor shall appoint said alternate members, and they shall meet the qualification of Class IV members as hereinafter provided. Said alternate members shall be designated at the time of their appointment by the Mayor as "Alternate No. 1," "Alternate No. 2," "Alternate No. 3," and "Alternate No. 4." Alternate members of Class IV shall serve for a term of 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; provided, however, 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.
(2) 
Said 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.
A. 
The Land Use 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:67-1 et seq.) shall apply. It shall also have the following powers and duties:
(1) 
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.
(2) 
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 N.J.S.A. 40:55D-37 et seq.
(3) 
To approve conditional use applications in accordance with the provisions of the Zoning Ordinance pursuant to N.J.S.A. 40:55D-67.
(4) 
To participate in the preparation and review of programs or plans required by state or federal law or regulations.
(5) 
To assemble data on a continuing basis as part of a continuous planning process.
(6) 
To 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 in accordance with the provisions of N.J.S.A. 40:55D-29 et seq.
(7) 
To consider and make report to the governing body, within 35 days after referral, as to any proposed development regulations 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 Land Use Board by the governing body pursuant to the provisions of N.J.S.A. 40:55-D26b.
(8) 
When reviewing applications for approval of subdivision plats, site plans or conditional uses, to grant variances and related relief in accordance with the provisions of N.J.S.A. 40:55D-60 et seq.
(9) 
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.
(10) 
To report and make recommendations concerning an Official Map in accordance with the provisions of N.J.S.A. 40:55D-32 et seq.
(11) 
Hear and decide appeals where it is alleged by the appellant that there is error in any order, requirement, decision or refusal made by an administrative official or agency based on or made in the enforcement of the Zoning Ordinance.
(12) 
Hear and decide requests for interpretation of the Zoning Map or Zoning Ordinance or for decisions upon other special questions upon which such Board is authorized by the Zoning Ordinance to pass.
(13) 
To grant variance relief pursuant to N.J.S.A. 40:55D-70 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 regulation in the Zoning Ordinance would result in peculiar and exceptional practical difficulties to or exceptional and undue hardship upon the developer of such.
(14) 
In particular cases and for special reasons, grant a variance to allow departure from the Zoning Regulations to permit a use or principal structure in a district restricted against such use or principal structure; an expansion of a nonconforming use; deviation from a specification or standard pursuant to N.J.S.A. 40:55D-67 pertaining solely to a conditional use; an increase in the permitted floor area ratio as defined in N.J.S.A. 40:55D-4; 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 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 of the Board.
B. 
No variance or other relief may be granted under the terms of this section unless such variance or other relief can be granted without substantial detriment to the public good and will not substantially impair the intent and the purpose of the Zone Plan and Zoning Ordinance. In respect of any airport hazard areas delineated under the Air Safety and Hazardous Zoning Act of 1983, P.L. 1983, c. 260 (N.J.S.A. 6:1-80 et seq.), no variance or other relief may be granted under the terms of this section permitting the creation or establishment of a nonconforming use which would be prohibited under the standards promulgated pursuant to that act, except upon issuance of a permit by the Commissioner of Transportation. An application under this section may be referred to any appropriate person or agency for its report, provided that such reference shall not extend the period of time within which the Land Use Board shall act.