[Amended 7-13-1988 by Amendment 1; 12-10-1997; 12-8-2010 by Ord. No. 2010-11-012; 6-14-2017 by Ord. No. 2017-01[1]]
A.
Establishment. The Planning Board heretofore created by the Township of Alexandria is hereby reestablished pursuant to the Municipal Land Use Law as the Land Use Board for said municipality.
B.
Composition. The Land Use Board shall consist of nine members who shall be divided into four classes for convenience in designating their manner of appointment, as follows:
(1)
Class I: the Mayor or the Mayor's designee in the absence of the Mayor.
(2)
Class II: one of the officials of the municipality, other than a member of the Township Committee, to be appointed by the Mayor.
(3)
Class III: a member of the Township Committee, to be appointed by it.
(4)
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 such member may be a member of the Board of Education. A member of the Environmental Commission who is also a member of the Land Use Board, as required by P.L. 1976, c. 245 (N.J.S.A. 40:56A-1), shall be a Class IV Land Use Board member, unless there be among the Class IV members of the Land Use Board both a member of the Historic Preservation Commission and a member of the Board of Education, in which case the member common to the Land Use Board and Environmental Commission shall be deemed a Class II member of the Land Use Board.
C.
Terms of office; vacancies. The term of the member composing Class I shall correspond to his or her 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 member composing Class II and Class III shall be for one 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 Environmental Commission shall be for three years or terminate at the completion of his or her term of office as a member of the Environmental Commission, whichever comes first. The term of a Class IV member who is also a member of the Board of Education shall terminate whenever he or she is no longer a member of such body or at the completion of his or her Class IV term, whichever occurs first The terms of the Class IV members first appointed under this article 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 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. No member of the Land Use Board shall be permitted to act on any matter in which he or she has either directly or indirectly any personal or financial interest. Any member other than a Class I member, after a public hearing if he or she requests one, may be removed by the Township Committee for cause.
D.
Alternate members.
(1)
Up to four alternate members shall be appointed to the Land Use Board by the Mayor for Class IV members, and said members shall meet the qualifications of Class IV members as provided in this chapter. 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." The terms of the alternate members shall be for two years, and their expiration dates shall be staggered such that two alternate members can be appointed each year. A vacancy occurring otherwise than by expiration of the term shall be filled by the appointing authority for the unexpired term only.
(2)
No alternate member shall be permitted to act on any matter in which he or she has either directly or indirectly any personal or financial interest. An alternate member may, after public hearing if he or she requests one, be removed by the Township Committee for cause.
(3)
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.
E.
Absence of member from hearing. When any hearing before the Land Use Board shall carry over two or more meetings, a member of the Land Use Board who was absent for one or more of the meetings 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 a transcript or recording of the meeting and certified in writing that the transcript was read or recording listened to.
F.
Service without compensation. Members of the Land Use Board shall serve without salary but may be paid expenses incurred in the performance of duties.
G.
Conflict of interest. No member shall be permitted to act on any matter in which he or she has, directly or indirectly, any personal or financial interest.
H.
Officers. The Land Use Board shall elect a Chairperson and a Vice Chairperson from the members of Class IV. Their terms of office shall each be one year, and they shall be eligible for re-election. The Board shall also select a Secretary, who may but need not be a member of the Board, and it may create and fill such other offices as it shall determine.
I.
Land Use Board Attorney; other staff and consultants. The office of Land Use Board Attorney is hereby created. The Land Use Board may annually appoint to such office and fix the compensation or rate of compensation of an attorney at law of New Jersey other than the Attorney for the municipality. The Land Use Board may also employ or contract for and fix the compensation of such experts and other staff and services as it deems necessary. Obligations for the foregoing shall not exceed, exclusive of gifts or grants, the amounts agreed upon and appropriated for the Board's use.
J.
Powers of the Land Use Board.
(1)
The Land Use Board shall have the power to:
(a)
Prepare and adopt a master plan for the physical, economic and social development of the municipality and amend or revise the same from time to time.
(b)
Participate in the preparation and review of programs or plans required by state or federal law or regulation.
(c)
Assemble data on a continuing basis as part of a continuous planning process.
(d)
Perform such other advisory duties as are assigned to it by ordinance or resolution of the Township Committee for the aid and assistance of the Township Committee or other agencies or officers.
(2)
Whenever the proposed development requires approval of a subdivision, site plan or conditional use, the Land Use Board shall have the power to hear and grant:
(a)
Variances pursuant to Subsection 57c of c. 291, P.L. 1975, 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.
(b)
Direction pursuant to Section 25 of said Act for issuance of a permit for building or structure in the bed of a mapped street or public drainageway, flood control basin or public area reserved pursuant to Section 23 of said Act.
(c)
Direction pursuant to Section 27 of said Act for issuance of a permit for a building or structure not related to a street. 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 or direction for issuance of a permit as the case may be.
(3)
The Land Use Board shall exercise all the powers set forth in N.J.S.A. 40:55D-69 et seq., granted to a Zoning Board of Adjustment, including the following:
(a)
To hear and decide appeals where it is alleged by the appellant that there is error in any order, requirement, decision or refusal made by any municipal official based on or made in enforcement of the zoning provisions of this chapter.
(b)
Hear and decide requests for interpretation of the Zoning Map or Ordinance or for decisions upon other special questions upon which such Board is authorized to pass by any Zoning or Official Map Ordinance.
(c)
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 exceptional 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 of such regulation so as to relieve such difficulties or hardship.
(d)
Where, in an application or appeal relating to a specific piece of property, the purposes of this chapter, set forth in Article I and the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.), would be advanced by deviation from the Zoning Ordinance requirements and the benefits of the deviation would substantially outweigh any detriment, grant a variance to allow the departure from zoning regulations.
(e)
Variances.
[1]
Grant a variance to allow departure from zoning regulations, including but not limited to allowing a structure or use in a district restricted against such structure or use, in particular cases and for special reasons to permit:
[a]
A use or principal structure in a district restricted against such use or principal structure.
[b]
An expansion of a nonconforming use.
[c]
Deviation from a specification or standard pertaining solely to a conditional use.
[e]
An increase in the permitted density as defined in Article II, Definitions, except as applied to the required lot area for a lot or lots for detached one- and two-dwelling unit buildings which lot or lots are either an isolated undersized lot or lots resulting from a minor subdivision. A variance under this subsection shall be granted only by the affirmative vote of at least five members.
K.
Appeals from administrative decisions; direct application in lieu of appeals.
(1)
Appeals to the Land Use Board may be taken by any interested party affected by any decision of an administrative officer of the municipality based on or made in the enforcement of this chapter or the Official Map. Such appeal shall be taken within 20 days by filing a notice of appeal with the officer from whom the appeal is taken, specifying the grounds of such appeal. The officer from whom the appeal is taken shall immediately transmit to the Board all the papers constituting the record upon which the action appealed from was taken.
(2)
A developer may file an application for development with the Land Use Board for action under any of its powers without prior application to an administrative officer.
L.
Stay of proceedings appeal. An appeal to the Land Use Board shall stay all proceedings in furtherance of the action in respect to which the decision appealed from was made unless the officer from whose action the appeal is taken certifies to the Land Use Board, after the notice of appeal shall have been filed with him or her, that by reason of acts stated in the certificate a stay would, in his or her opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed other than by an order of the Superior Court upon notice to the officer from whom the appeal is taken and on due cause shown.
M.
Decision on appeal. The Land Use Board may reverse or affirm, wholly or in part, or may modify the action, order, requirement, decision, interpretation or determination appealed from and to that end have all the powers of the administrative officer from whom the appeal is taken.
N.
Exclusivity of powers. No power expressly authorized by this chapter to be exercised by the Land Use Board shall be exercised by any other body except as otherwise provided in this order.
[1]
Editor's Note: The effective date of this ordinance was amended to 9-30-2017 by Ord. No. 2017-06, adopted 8-9-2017.