There is hereby established the Buena Borough Land Use Board,
consisting of nine regular members and four alternate members. The
nine-member Borough of Buena Land Use Board shall exercise, the same
extent and subject to the same restrictions, all of the powers of
a planning board and a zoning board of adjustment as set forth in
the Municipal Land Use Law. Any reference to the Planning Board or Zoning Board of
Adjustment in any existing Borough of Buena ordinance shall be deemed
to refer to the Land Use Board.
The members of the 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:
A. Class I: the Mayor or 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 governing body, to be appointed by the Mayor.
C. Class III: a member of Borough Council to be appointed by Borough
Council.
D. Class IV: six other citizens of the Borough, to be appointed by the
Mayor. The members of Class IV shall not hold any 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.
E. 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.
F. Pursuant to N.J.S.A. 40:55D-10.2, a member of the Land Use Board
who was absent for one or more of the meetings for which a hearing
was held, was not a member of the 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.
The 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 Investigation
Law (N.J.S.A. 2A:67A-1 et seq.) shall apply.
No member of the Land Use Board shall act on any matter in which
he or she has, either directly or indirectly, any personal or financial
interest. Whenever any such member shall disqualify himself or herself
from acting on a particular matter, he or she shall not continue to
sit with the Board on the hearing of such matter nor participate in
any discussion or decision relating thereto. This would include voting
on a memorializing resolution relating to the such matter and the
decision thereon.
The Buena Borough Planning Board and the Buena Borough Zoning
Board of Adjustment, previously established by ordinance, are hereby
abolished and superseded by the Land Use Board established by this
ordinance. The Land Use Board shall exercise all rights and duties
of the Planning Board and Zoning Board under the Municipal Land Use
Law and provisions of existing land ordinances that are not
repeated under this article.
If any sections, clause, sentence or other part of this article
shall for any reason be adjudged by a court of competent jurisdiction
to be invalid, such judgment shall not affect, impair or invalidate
the remainder of this article.
Any ordinance or parts thereof in conflict or inconsistent with
any of the terms and provisions of this article are hereby repealed
to the extent of their inconsistency; provided, however, that the
adoption of this article shall not prevent or bar the continuance
or institution of any proceedings for offenses heretofore committed
in violation of any existing ordinance of the Borough of Buena.
Following its final passage, publication and filing with the
County Planning Board in the manner prescribed by applicable New Jersey
Statutes, this article shall become effective January 1, 2007.