There is hereby established, pursuant to P.L. 1975, c. 291,[1] in the Borough of Allendale a Land Use Board of nine members, and up to and including four alternate members, consisting of the following four classes:
A. 
Class I: the Mayor or his or her 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 the Governing Body to be appointed by it by the Mayor.
D. 
Class IV: six other citizens of the Borough to be appointed by the Mayor and four alternates to be appointed by the Mayor. The members of Class IV shall hold no other municipal office, except that one member may be a member of the Board of Education.
E. 
Alternates may participate in discussions of the proceedings, but may not vote except in the absence or disqualification of a regular member of any class. Where the application for development involves relief pursuant to Subsection d of N.J.S.A. 40:55D-70 (a "d" variance), alternate members shall not participate in place of the legislatively excluded Class I and Class III members. This reduction in voting membership preserves the statutory scheme of N.J.S.A. 40:55D-70 requiring the affirmative vote of five members of the statutory seven-member board to grant a "d" variance.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
A. 
The term of the member composing Class I shall correspond with his or her official tenure; or, if the member is the Mayor's designee, the designee shall serve at the pleasure of the Mayor during the Mayor's tenure. The terms of the members 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.
B. 
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 the Board of Education or at the completion of his Class IV term, whichever occurs first.
C. 
The terms of all Class IV members first appointed pursuant to this chapter shall be so determined that, to the greatest practicable extent, the expiration of such terms shall be evenly distributed over the first four years after their appointment, as determined by resolution of the Governing Body; provided, however, that no term of any member shall exceed four years. Thereafter, all Class IV members shall be appointed for terms of four years, except as otherwise herein provided. All terms shall run from January 1 of the year in which the appointment was made. The alternates shall be appointed for a term of two years from January 1 of the year of their appointment, except that the term of two of the alternates first appointed shall be for one year only and thereafter for two years, so that the term of not more than two alternates shall thereafter expire in any one year. 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."
D. 
Removal for cause. Any member or alternate member, other than a Class I member, after a public hearing, if so requested, may be removed by the Borough Council for cause.
E. 
Meeting carryover. 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 Land Use Board member has available to him or her a transcript or recording of the meeting and has certified in writing that the transcript was read or recording listened to.
F. 
Absenteeism. Any Class IV Land Use Board member may be removed by the Land Use Board if he/she misses three regular meetings in a calendar year.
G. 
Service without compensation. Members of the Land Use Board shall serve without salary but may be paid expenses incurred in the performance of duties.
H. 
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.
If a vacancy of any class shall occur otherwise than by expiration of term, it shall be filled by appointment as above provided for the unexpired term.
The Land Use Board shall elect by a majority vote a Chairman, Vice Chairman, and Secretary from its Class IV members. The Chairperson shall be responsible for the running of public hearings.
There is hereby created the office of Land Use Board Attorney. The Land Use Board may annually appoint and fix the compensation of or agree upon the rate of compensation of the Land Use Board Attorney, who shall be an attorney other than the Borough Attorney.
The Land Use Board may also employ or contract for the services of such experts and services as it may deem necessary. The Land Use Board shall not exceed, however, exclusive of gifts or grants, the amount appropriated by the Governing Body for its use. The Borough shall designate a municipal employee to provide administrative services to the Board.
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:67A-l et seq.) shall apply. It shall also have the following powers and duties:
A. 
To make and adopt and, from time to time, to amend a Master Plan for the physical development of the Borough, including any areas outside its boundaries which, in the Land Use Board's judgment, bear essential relation to the planning of the Borough, in accordance with the provisions of N.J.S.A. 40:55D-28.
B. 
To administer the provisions of the Land Subdivision Ordinance and Site Plan Review Ordinance[1] of the Board in accordance with the provisions of said ordinances and the Municipal Land Use Law, c. 291, P.L. 1975 (N.J.S.A. 40:55D-1 et seq.).
[1]
Editor's Note: See Ch. 147, Land Subdivision and Site Plan Review.
C. 
To approve conditional use applications in accordance with the provisions of the Zoning Ordinance,[2] pursuant to N.J.S.A. 40:55D-67.
[2]
Editor's Note: See Ch. 270, Zoning.
D. 
To participate in the preparation and review of programs or plans required by state or federal law or regulations.
E. 
To assemble data on a continuing basis as part of a continuous planning process.
F. 
To prepare a program of municipal capital improvement projects projected over a term of six years, and amendments thereto, and recommend same to the Governing Body.
G. 
To consider and make report to the Governing Body within 35 days after referral as to any proposed development regulation submitted to it, pursuant to the provisions of N.J.S.A. 40:55D-26a, and also to pass upon other matters specifically referred to the Land Use Board by the Governing Body, pursuant to the provisions of N.J.S.A. 40:55D-26b.
H. 
Approval of a subdivision, site plan or conditional use.
(1) 
When reviewing applications for approval of subdivision plats, site plans or conditional uses, to grant to the same extent and subject to the same restrictions as the Zoning Board of Adjustment:
(a) 
Variances pursuant to N.J.S.A. 40:55D-70c and d.
(b) 
Direction, pursuant to N.J.S.A. 40:550-34, for 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-32c direction, pursuant to N.J.S.A. 40:550-36 for issuance of a permit for a building or structure not related to a street.
(2) 
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 developer may elect to submit a separate application requesting approval of the variance or direction of the issuance of a permit and a subsequent application for any required approval for a subdivision, site plan or conditional use. The separate approval of the variance or direction of the issuance of a permit shall be conditioned upon grant of all required subsequent approvals by the Land Use Board. No such subsequent approval shall be granted unless the approval can be granted without substantial detriment to the public good and without substantial impairment of the intent or purpose of the zone plan and Zoning Ordinance.
I. 
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.
A. 
Minor subdivisions. Minor subdivision approval shall be granted or denied within 45 days of the date of submission of a complete application to the Land Use Board or within such further time as may be consented to by the applicant. Approval of a minor subdivision shall expire 190 days from the date of Land Use Board approval unless, within such period, a plat in conformity with such approval and the provisions of the Map Filing Law[1] or a deed clearly describing the approved minor subdivision is filed by the developer with the county recording officer, the Borough Engineer and the Borough Tax Assessor. Any such plat or deed must be signed by the Chairman and Secretary of the Land Use Board before it will be accepted for filing by the county recording officer.
[1]
Editor's Note: See N.J.S.A. 46:23-9.9 et seq.
B. 
Preliminary approval of major subdivisions. Upon submission of a complete application for a subdivision of 10 or fewer lots, the Land Use Board shall grant or deny preliminary approval within 45 days of the date of such submission or within such further time as may be consented to by the developer. Upon submission of a complete application for a subdivision of more than 10 lots, the Land Use Board shall grant or deny preliminary approval within 95 days of the date of such submission or within such further time as may be consented to by the developer. Otherwise, the Land Use Board shall be deemed to have granted preliminary approval for the subdivision.
C. 
Ancillary powers. Whenever the Land Use Board is called upon to exercise its ancillary powers before the granting of a variance as set forth in § 40-7H of this chapter, the Land Use Board shall grant or deny approval of the application within 120 days after submission by the developer of a complete application or within such further time as may be consented to by the applicant. Failure of the Land Use Board to act within the period prescribed shall constitute approval of the application, and a certificate of the administrative officer as to the failure of the Land Use Board to act shall be issued on request of the applicant.
D. 
Final approval.
(1) 
Application for final subdivision approval shall be granted or denied within 45 days of submission of a complete application or within such further time as may be consented to by the applicant.
(2) 
Final approval of a major subdivision shall expire 95 days from the date of signing of the plat unless within such period the plat shall have been duly filed by the developer with the county recording officer. The Land Use Board may, for good cause shown, extend the period for recording for an additional period not to exceed 190 days from the date of signing of the plat.
Applications for development within the jurisdiction of the Land Use Board, pursuant to the provisions of P.L. 1975, c. 291, shall be filed with the Borough Clerk. The applicant shall file, at least 10 days before the date of the monthly meeting of the Land Use Board, three copies of a sketch plat, three copies of an application for minor subdivision approval, three copies of an application for major subdivision approval or three copies of an application for site plan review, conditional use approval or planned development. At the time of filing the application, but in no event less than 10 days prior to the date set for the hearing, the applicant shall also file all plot plans, maps or other papers required by virtue of any provision of this chapter or any rule of the Land Use Board. The applicant shall obtain all necessary forms from the Secretary of the Land Use Board. The Secretary of the Land Use Board shall inform the applicant of the steps to be taken to initiate applications and of the regular meeting dates of the Board.
The Environmental Commission is hereby abolished. All references to same in the Borough Code are hereby deleted and all provisions in the Borough Code inconsistent with such abolishment are hereby repealed.