[Ord. No. 751 § 25-1; Ord. No. 918 § 1]
The Borough of Peapack and Gladstone Land Use Board, created pursuant to N.J.S.A. 40:55D-25(c), shall consist of nine (9) members and four (4) alternate members, consisting of four (4) classes as follows:
Class I: The Mayor.
Class II: One (1) of the officials of the Borough other than a member of Council to be appointed by the Mayor; provided that if there is a member of the Regional Board of Education among the Class IV members, the member of the Environmental Commission who is also a member of the Land Use Board as required by N.J.S.A. 40:56A-1, shall be deemed to be the Class II Land Use Board member.
Class III: A member of the Borough Council to be appointed by the Borough Council.
Class IV: Six (6) other citizens of the Borough to be appointed by the Mayor.
Alternate Members: The Mayor shall appoint not more than four (4) alternate members pursuant to and in conformance with N.J.S.A. 40:55D-23.1.
The Class I and Class III members of the Land Use Board shall not participate in or remain present during the consideration of any applications made to the Board pursuant to N.J.S.A. 40:55D-70(d).
The members of Class IV shall hold no other Borough office except that one (1) such member may be a member of the Regional Board of Education. A member of the Environmental Commission who is also a member of the Land Use Board as required by N.J.S.A. 40:56A-1 shall be a Class IV Board member, unless there be, among the Class IV members of the Land Use Board, a member of the Regional Board of Education, in which case the member of the Environmental Commission shall be deemed to be the Class II member of the Land Use Board.
[Ord. No. 751 § 25-2]
The term of the member composing Class I shall correspond with his or her official tenure. The terms of the members composing Class II and Class III shall be for one (1) year or terminate at the completion of their respective terms of office, whichever comes first. The term of a Class II or Class IV member who is also a member of the Environmental Commission shall be for three (3) 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 Regional Board of Education shall terminate at the completion of his or her term of office.
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 distributed evenly over the first four (4) years after their appointment as determined by resolution of the Mayor and Borough Council, provided no term of any member shall exceed four (4) years. Thereafter, all Class IV members shall be appointed for terms of four (4) years, except as otherwise hereinabove provided. All terms shall run from January 1 of the year in which the appointment is made.
[Ord. No. 751 § 25-3]
If a vacancy of any Class shall occur otherwise than by expiration of term, it shall be filled by appointment, as provided above for the unexpired term.
[Ord. No. 751 § 25-4]
The Land Use Board shall elect a Chairman and Vice Chairman from the members of Class IV and select a Secretary who may be either a member of the Land Use Board or a Borough employee designated by it.
[Ord. No. 751 § 25-5]
There is hereby created the office of the Land Use Board Attorney. The Land Use Board may annually appoint, 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 and shall be appointed annually.
[Ord. No. 751 § 25-6]
The Land Use Board may also employ or contract for the services of experts and other staff and services as it may deem necessary. The Board shall not, however, exceed, exclusive of gifts or grants, the amount appropriated by the Mayor and Borough Council for its use.
[Ord. No. 751 § 25-7]
No member of the Land Use Board shall be permitted to act on any matter in which there is any personal or financial interest, either directly or indirectly. Any member other than a Class I member, after a public hearing if requested, may be removed by the governing body for cause.
[Ord. No. 751 § 25-8.1]
The Land Use Board shall follow the provisions of N.J.S.A. 40:55D-25. It shall accordingly exercise its powers in regard to:
a. 
The Master Plan pursuant to N.J.S.A. 40:55D-28;
b. 
Subdivision control and site plan review pursuant to N.J.S.A. 40:55D-37 et seq.;
c. 
The Official Map pursuant to N.J.S.A. 40:55D-32 et seq.;
d. 
The Zoning Ordinance including conditional uses pursuant to N.J.S.A. 40:55D-67;
e. 
The capital improvements program pursuant to N.J.S.A. 40:55D-29 et seq.;
f. 
Variances and certain building permits in conjunction with subdivision, site plan and conditional use approval pursuant to N.J.S.A. 40:55D-60 et seq.
[Ord. No. 751 § 25-8.2]
a. 
The Land Use Board may:
1. 
Participate in the preparation and review of programs or plans required by State or Federal law or regulation;
2. 
Assemble data on a continuing basis as part of a continuous planning process; and
3. 
Perform such other advisory duties as are assigned to it by ordinance or resolution of the Borough Council.
[Ord. No. 751 § 25-8.3]
In addition to the powers above, the Land Use Board shall exercise to the same extent, and subject to the same restrictions, all powers of a Zoning Board of Adjustment pursuant to N.J.S.A. 40:55D-70 and 76 as follows:
a. 
Appeals. Hear and decide appeals where it is alleged by the appellant that there is an error in any order, requirement, decision or refusal made by an Administrative Officer based on or made in the enforcement of the Zoning Ordinance.
b. 
Interpretations. 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 in accordance with N.J.S.A. 40:55D-1 et seq.;
c. 
Variances. Where:
1. 
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 pursuant to N.J.S.A. 40:55D-62 et seq. 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; or
2. 
In an application or appeal relating to a specific piece of property the purposes of zoning set forth in N.J.S.A. 40:55D-2 would be advanced by a deviation from the Zoning Ordinance requirements and the benefits of the deviation would substantially outweigh any detriment, grant a variance to allow departure from regulations pursuant to N.J.S.A. 40:55D-62 et seq., provided, however, that no variance from those departures enumerated in paragraph d of this subsection shall be granted under this paragraph.
d. 
Use Variances. In particular cases and for special reasons, grant a variance to allow departure from regulations pursuant to N.J.S.A. 40:55D-62 et seq. 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. 40:55D-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 (1) or two (2) 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 ten (10) feet or ten (10%) percent the maximum height permitted in the district for a principal structure. A variance under this paragraph shall be granted only by affirmative vote of at least five (5) members; however, the Class I and the Class III members shall not participate in the consideration of applications for development which involves relief pursuant to N.J.S.A. 40:55D-70(d).
e. 
If an application for development requests one (1) or more variances but not a variance for a purpose enumerated in paragraph d of this subsection, the decision on the requested variance or variances shall be rendered under paragraph c of this subsection.
f. 
No variance or other relief may be granted under the terms of this subsection 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.
g. 
With respect to any airport safety zones delineated under the "Air Safety and Zoning Act of 1983," P.L. 1983, c. 260 (C. 6:1-80 et seq.), no variance or other relief may be granted under the terms of this subsection permitting the creation or establishment of a use which would be prohibited under the standards promulgated pursuant to that act except upon issuance of a permit by the Commissioner of Transportation.
h. 
The Land Use Board shall have such other powers, including the following:
1. 
To direct issuance of a permit pursuant to N.J.S.A. 40:55D-34 for a building or structure in the bed of a mapped street or public drainageway, flood control basin or public area reserved pursuant to N.J.S.A. 40:55D-32.
2. 
To direct issuance of a permit pursuant to N.J.S.A. 40:55D-36 for a building or structure not related to a street.
i. 
An application under this subsection 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.
[Ord. No. 751 § 25-8.4]
a. 
Prior to the adoption of a development regulation, revision or amendment thereto, the Borough Council shall refer and the Land Use Board shall make and transmit to the Borough Council, within thirty-five (35) days after referral, a report including (i) identification of any provisions in the proposed development regulation, revision or amendment which are inconsistent with the Master Plan and (ii) recommendations concerning these inconsistencies and any other matters as the Board deems appropriate. The Borough Council, when considering the adoption of a development regulation, revision or amendment thereto, shall review the report of the Land Use Board and may disapprove or change any recommendation by a vote of a majority of its full authorized membership and shall record in its minutes the reasons for not following such recommendations. Failure of the Land Use Board to transmit its report within the thirty-five (35) day period provided herein shall relieve the Borough Council from the requirements of this subsection in regard to the proposed development regulation, revision or amendment referred to the Land Use Board. Nothing in this section shall be construed as diminishing the application of the provisions of N.J.S.A. 40:55D-32 to any official map or an amendment or revision thereto or of N.J.S.A. 40:55D-62 to any Zoning Ordinance or any amendment or revision thereto.
b. 
The Borough Council may, by ordinance, provide for the reference of any matter or class of matters to the Land Use Board before final action thereon by a Borough body or Borough officer having final authority thereon. Whenever the Land Use Board shall have made a recommendation regarding a matter authorized by this act to another municipal body, such recommendation may be rejected only by a majority of the full authorized membership of such body.
[Ord. No. 751 § 25-8.5]
The Mayor may appoint one (1) or more persons as a Citizens Advisory Committee to assist or collaborate with the Land Use Board in its duties. Such person or persons shall serve at the pleasure of the Mayor and shall have no power to vote or take other action required of the Land Use Board.
[Ord. No. 751 § 25-8.6]
The Land Use Board, through its Administrative Secretary, shall make available to the Environmental Commission an informational copy of every application for development. Failure of the Land Use Board to make such informational copy available to the Environmental Commission shall not invalidate any hearing or proceeding.
[Ord. No. 751 § 25-8.7]
The Land Use Board shall, at least once a year, review its decisions on applications and appeals for variances and prepare and adopt by resolution a report of its findings on Zoning Ordinance provisions which were the subject of variance requests and its recommendations for Zoning Ordinance amendment or revision, if any. The Land Use Board shall send copies of the report and resolution to the governing body.
[Ord. No. 751 § 25-8.8]
a. 
Appeals to the Land Use Board may be taken by any interested party affected by any decision of an official of Peapack and Gladstone based on or made in the enforcement of the Zoning Ordinance or Official Map. Such appeal shall be taken within twenty (20) days of the decision by filing a notice of appeal with the official from whom the appeal is taken, with three (3) copies of the notice given to the Administrative Secretary of the Board. The notice shall specify the grounds for the appeal. The official 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.
b. 
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.
c. 
The 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 powers of the municipal official from whom the appeal is taken.
d. 
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 municipal official from whose action the appeal is taken certifies to the Board, after the notice of appeal shall have been filed with him or her, that, by reason of facts 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 of New Jersey upon notice to the municipal official from whom the appeal is taken and on due cause shown.
[Ord. No. 751 § 25-8.9]
a. 
The Board shall render a decision not later than one hundred twenty (120) days after the date (1) the appeal is taken from the decision of the municipal official or (2) of submission of a complete application for development to the Land Use Board.
b. 
Failure of the Board to render a decision within such one hundred twenty (120) day period or within such further time as may be consented to by the applicant shall constitute a decision favorable to the applicant.
c. 
Inquiries as to whether a proposed land use is permissible under the Zoning Ordinance or Zoning Map shall be submitted in writing to the Land Use Board, which shall issue a written response within forty-five (45) days after the next meeting following receipt of the request or within such additional time as may be consented to by the inquirer.
[Ord. No. 751 § 25-8.10]
a. 
Meetings of the Land Use Board shall be scheduled no less often than once a month and shall be held as scheduled unless canceled for lack of pending applications.
b. 
Special meetings may be held at the call of the Chairman or at the request of any two (2) Board members. The members of the Board and the public shall be given notice of such meeting in accordance with all applicable legal requirements.
c. 
No action shall be taken at any meeting without a quorum being present, said quorum to be a majority of the full authorized membership of the Board.
d. 
All actions shall be taken by majority vote of the members of the Board present at the meeting except as otherwise required by a provision of N.J.S.A. 40:55D-70. A member of the Board who was absent for one (1) or more of the meetings at which a hearing was held shall be eligible to vote on a matter upon which the hearing was conducted, notwithstanding the absence from one (1) or more of the meetings; provided, however, that a transcript or recording of all of the hearing from which he or she was absent exists, and provided, further, that such Board member certifies in writing to the Board that he or she has read such transcript or listened to such recording.
e. 
All regular meetings and all special meetings shall be open to the public. Notice of all such meetings shall be given in accordance with the requirements of the Open Public Meeting Law, the Laws of New Jersey 1975, c. 231.[1]
[1]
Editor's Note: See N.J.S.A. 10:4-6 et seq.
[Ord. No. 751 § 25-8.11]
a. 
Minutes of every regular or special meeting shall be kept and shall include the names of the persons appearing and addressing the Land Use Board and of the persons appearing by attorney, the action taken by the Board, the findings, if any, made by it and reasons therefor. The minutes shall thereafter be made available for public inspection during normal business hours at the office of the Administrative Officer. Any interested party shall have the right to compel production of the minutes for use or evidence in any legal proceedings concerning the subject matter of such minutes. Such interested party may be charged a reasonable fee for reproduction of the minutes for his or her use.
b. 
At least once a year, the Board shall review the minutes of all closed meetings held in conformance with the Open Public Meetings Act to determine whether the minutes may be made public.
[Ord. No. 751 § 25-8.12]
a. 
The Land Use Board shall hold a hearing on each application for development or on the adoption, revision or amendment of the Master Plan. The Board shall make the rules governing such hearings.
b. 
Any maps and documents for which approval is sought at a hearing shall be on file and available for public inspection at least ten (10) days before the date of the hearing during normal business hours in the office of the Administrative Officer. The applicant may produce other documents, records or testimony at the hearing to substantiate, clarify or supplement the previously filed maps and documents.
c. 
Payment of Taxes. Pursuant to the provisions of N.J.S.A. 40:55D-39 and 55D-65, every application for development submitted to the Land Use Board shall be accompanied by proof that no taxes or assessments for local improvements are due or delinquent on the property which is the subject of such application, or, if it is shown that taxes or assessments are delinquent on said property, any approvals or other relief granted by the Board shall be conditioned upon either the prompt payment of such taxes or assessments or the making of adequate provision for the payment thereof in such manner that the Borough will be adequately protected.
d. 
The officer presiding at the hearings or such person as he or she may designate shall have power to administer oaths and issue subpoenas to compel the attendance of witnesses and the production of relevant evidence, including witnesses and documents presented by the parties; and the provisions of the County and Municipality Investigations Law, P.L. 1953, c. 38 (N.J.S.A. 2A:67A-l et seq.), shall apply.
e. 
The testimony of all witnesses relating to an application for development shall be taken under oath or affirmation by the presiding officer or attorney for the Board, and the right of cross-examination shall be permitted to all interested parties through their attorneys, if represented, or directly, if not represented, subject to the discretion of the presiding officer and to reasonable limitations as to time and number of witnesses.
f. 
Technical rules of evidence shall not be applicable to the hearing, but the Board may exclude irrelevant, immaterial, hearsay, or unduly repetitious evidence.
g. 
The Board shall provide for the verbatim recording of the proceedings by either a stenographer or mechanical or electronic means. The Board shall furnish a transcript, or duplicate recording in lieu thereof, on request to any interested party at his or her expense.
h. 
Decisions.
1. 
The Board shall include findings of fact and conclusions based thereon in each decision on any application for development and shall reduce the decision to writing. The Board shall provide the findings and conclusions through:
(a) 
A resolution adopted at a meeting held within the time period provided in the act for action by the Land Use Board on the application for development; or
(b) 
A memorializing resolution adopted at a meeting held not later than forty-five (45) days after the date of the meeting at which the Board voted to grant or deny approval. Only the members of the Board who voted for the action taken may vote on the memorializing resolution, and the vote of a majority of such members present at the meeting at which the resolution is presented for adoption shall be sufficient to adopt the resolution, provided, however, that at least two (2) members of the Board be available for said vote. An action pursuant to N.J.S.A. 40:55D-9 resulting from the failure of a motion to approve an application, shall be memorialized by resolution as provided above, with those members voting against the motion for approval being the members eligible to vote on the memorializing resolution. The vote of any such resolution shall be deemed to be a memorialization of the action of the Board and not to be an action of the Board; however, the date of the adoption of the resolution shall constitute the date of the decision for purposes of the mailings, filings and publications required by this section. If the Board fails to adopt a resolution or memorializing resolution as hereinabove specified, any interested party may apply to the Superior Court in a summary manner for an order compelling the municipal board to reduce its findings and conclusions to writing within a stated time and the cost of the application, including attorney's fees, shall be assessed against the Borough.
2. 
A copy of the decision shall be mailed by the Board within ten (10) days of the date of decision to the applicant or if represented then to his or her attorney, without separate charge, and to all who request a copy of the decision for a reasonable fee. A copy of the decision shall also be filed by the Board in the office of the Administrative Officer. The Administrative Officer shall make a copy of such filed decision available to any interested party for a reasonable fee and available for public inspection at his or her office during reasonable hours.
3. 
A brief notice of the decision shall be published in the official newspaper of the Borough.
[Ord. No. 751 § 25-8.13]
a. 
Public notice of a hearing shall be given by the applicant for the following applications for development:
1. 
An application for preliminary approval of a major subdivision.
2. 
An application which requires a variance, direction for issuance of a permit or involves a conditional use.
3. 
An application for preliminary approval of a site plan, provided that for a minor site plan, the Land Use Board may waive the requirement for public notice to all owners within two hundred (200) feet of the property.
4. 
Variances in the flood plain.
b. 
The Administrative Secretary of the Land Use Board shall notify the applicant at least two (2) weeks prior to the public hearing at which the application will be discussed. Notice of a hearing requiring public notice shall be given by the applicant at least ten (10) days prior to the date of the hearing in the following manner:
1. 
By publication in the official newspaper of the Borough.
2. 
To all owners of real property as shown on the current tax duplicate, located in the State and within two hundred (200) feet in all directions of the property which is the subject of such hearing, provided that this requirement shall be deemed satisfied by notice to the condominium association, in the case of any unit owner whose unit has a unit above or below it, or to the horizontal property regime, in the case of any co-owner whose apartment has an apartment above or below it. Notice shall be given by serving a copy thereof on the property owner as shown on said current tax duplicate or his or her agent in charge of the property or mailing a copy thereof by certified mail to the property owner at his or her address as shown on said current tax duplicate.
3. 
Notice to a partnership owner may be made by service upon any partner. Notice to a corporate owner may be made by service upon its president, a vice president, secretary or other person authorized by appointment or by law to accept service on behalf of the corporation. Notice to a condominium association, horizontal property regime, community trust or homeowners' association, because of its ownership of common elements or areas located within two hundred (200) feet of the property which is the subject of the hearing, may be made in the same manner as to a corporation without further notice to unit owners, co-owners or homeowners on account of such common elements or areas.
4. 
To the Clerk of any adjoining municipality or municipalities when the property involved is located within two hundred (200) feet of said adjoining municipality or municipalities. Notice shall be given by personal service or certified mail.
5. 
To the Somerset County Planning Board when the application for development involves property adjacent to an existing County road or proposed road as shown on the County Official Map or the County Master Plan, adjoining other county land or situated within two hundred (200) feet of a Borough boundary. Notice shall be given by personal service or certified mail.
6. 
To the Commissioner of Transportation of the State of New Jersey when the property abuts a State highway. Notice shall be given by personal service or certified mail.
7. 
To the State Planning Commission when the hearing involves an application for the development of property which exceeds one hundred fifty (150) acres or five hundred (500) dwelling units, in which case the notice shall include a copy of any maps or documents required to be on file with the Administrative Secretary. Notice shall be given by personal service or certified mail.
8. 
To a public utility, cable television company or local utility which possesses a right-of-way or easement within the Borough and which has registered with the Borough in accordance with N.J.S.A. 40:55D-12.1 by (1) serving a copy of the notice on the person whose name appears on the registration form on behalf of the public utility, cable television company or local utility or (2) mailing a copy thereof by certified mail to the person whose name appears on the registration form at the address shown on that form.
c. 
Upon the written request of an applicant, the Borough Tax Assessor shall, within seven (7) days, make and certify a list from current tax duplicates of names and addresses of owners within the Borough to whom the applicant is required to give notice. Failure to give notice to any lot owner not on the list obtained in such manner shall not invalidate any hearing or proceeding. A sum, not to exceed the maximum set forth in N.J.S.A. 40:55D-12c, shall be charged for such list.
d. 
The applicant shall be responsible for giving proper notice to all property owners.
e. 
The notice shall state the date, time and place of the hearing and the nature of the matters to be discussed, including an identification of the property proposed for development by street address, if any, or by reference to lot and block numbers as shown on the current tax duplicate in the Borough Tax Assessor's office; and the location and times at which any maps or documents for which approval is sought are available for inspection.
[Ord. No. 751 § 25-8.14]
a. 
In the event that an applicant submits an application proposing a development that is barred or prevented, directly or indirectly by a legal action instituted by any State agency, political subdivision or other party to protect the public health and welfare or by a directive or order issued by any State agency, political subdivision or court of competent jurisdiction to protect the public health and welfare, the Land Use Board shall process such application in accordance with this chapter, and if such application complies with all Borough regulations, the Land Use Board shall approve such application conditioned on removal of such legal barrier to development.
b. 
In the event that, during the period of approval heretofore or hereafter granted to an application, the developer is barred or prevented, directly or indirectly, from proceeding with the development otherwise permitted under such approval by a legal action instituted by any State agency, political subdivision or court of competent jurisdiction to protect the public health or welfare and the developer is otherwise ready, willing and able to proceed with said development, the running of the period of approval under this section shall be suspended for the period of time said legal action is pending or such directive or order is in effect.
c. 
In the event that development proposed by an application requires an approval by a governmental agency other than the Land Use Board, the Board shall, in appropriate instances, condition its approval upon the subsequent approval of such governmental agency. The Board shall make a decision on any application within the time period provided in this chapter or within an extension of such period as has been agreed to by the applicant, unless the Board is prevented or relieved from so acting by the operation of law.
d. 
Where appropriate, the Land Use Board may conditionally approve an application.
[Ord. No. 751 § 25-8.15]
The Board and an applicant may mutually agree to extend the time limit specified for action. Such extension shall be made in writing or verbally at a public meeting of the Board for a specific period of time and indicated in the minutes of the meeting.
[Ord. No. 751 § 25-8.16]
Any variance from the terms of this chapter hereafter 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 said variance, or unless such permitted use has actually been commenced, within three (3) years from the date of publication of the notice of the judgment or determination of the 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 of the Board to the Governing Body or to a court of competent jurisdiction, until the termination in any manner of such appeal or proceeding.
[Ord. No. 751 § 25-8.17]
a. 
If a public utility, as defined in R.S. 48:2-12, is aggrieved by the action of the Board through said agency's exercise of its powers under this act, with respect to any action in which the public utility has an interest, an appeal to the Board of Public Utility Commissioners of the State of New Jersey may be taken within thirty-five (35) days after such action without appeal to the municipal governing body pursuant to Section 8 (C. 40:55D-17) of this act unless such public utility so chooses. In such case appeal to the Public Utility Commissioners may be taken within thirty-five (35) days after action by the governing body. A hearing on the appeal of a public utility to the Public Utility Commissioners shall be had on notice to the agency from which the appeal is taken and to all parties primarily concerned, all of whom shall be afforded an opportunity to be heard. If, after such hearing, the Board of Public Utility Commissioners shall find that the present or proposed use by the public utility of the land described in the petition is necessary for the service, convenience or welfare of the public, the public utility may proceed in accordance with such decision of the Board of Public Utility Commissioners, any ordinance or regulation made under the authority of this act notwithstanding.
b. 
This act or any ordinance or regulation made under authority thereof, shall not apply to a development proposed by a public utility for installation in more than one municipality for the furnishing of service, if upon a petition of the public utility, the Board of Public Utility Commissioners shall after hearing, of which any municipalities affected shall have notice, decide the proposed installation of the development in question is reasonably necessary for the service, convenience or welfare of the public.
c. 
Nothing in this act shall be construed to restrict the right of any interested party to obtain a review of the action of the Land Use Board or of the Board of Public Utility Commissioners by any court of competent jurisdiction according to law.
[Ord. No. 751 § 25-9]
a. 
Any interested party desiring to appeal a final decision of the Land Use Board approving a use variance may appeal to the Borough Council.
b. 
Such appeal shall be made within ten (10) days of the date of publication of such final decision. The appeal to the Borough Council shall be made by serving the Borough Clerk in person or by certified mail with a notice of appeal specifying the grounds thereof and the name and address of the appellant and the name and address of his or her attorney, if represented.
c. 
The appellant shall either within five (5) days of serving notice of the appeal, arrange for a transcript for use by the Borough Council and pay a deposit of two hundred ($200.00) dollars per meeting or the estimated cost of such transcription, whichever is less, provided that the charge by the Borough to the applicant for the transcript shall not exceed the maximum permitted in N.J.S.A. 2A:11-15; or within thirty-five (35) days of serving notice of the appeal, submit a transcript to the Borough Clerk for use by the Borough Council. Should the appellant neither arrange for nor submit a transcript as provided hereinabove, the Borough Council may dismiss the appeal for failure to prosecute. All transcripts shall be certified in writing by the transcriber to be accurate.
d. 
Notice of the meeting to review the record below shall be given by the Borough Council by personal service or certified mail to the appellant, to those entitled to notice of a decision and to the Land Use Board, at least ten (10) days prior to the date of the meeting. The appeal shall be decided by the Borough Council only upon the record established before the Land Use Board. The parties may submit written arguments on the record at least ten (10) days prior to the Borough Council meeting and may submit oral arguments at such meeting. The Borough Council shall provide for verbatim recording and transcript of such meeting.
e. 
The Borough Council shall conclude a review of the record below not later than ninety-five (95) days from the publication of the notice of the subject decision of the Land Use Board, unless the developer's appellant consents, in writing, to an extension of such period. Failure of the Borough Council to hold a hearing and conclude a review of the record below and to render a decision within such specified period without such written consent of the appellant shall constitute a decision affirming the action of the Land Use Board.
f. 
The Borough Council, by the affirmative vote of a majority of its full authorized membership, may reverse, remand or affirm, wholly or in part, or may modify the final decision of the Land Use Board.
g. 
An appeal to the Borough Council shall stay all proceedings in furtherance of the action in respect to which the decision appealed from was made, unless the Land Use Board certifies to the Borough Council, after the notice of appeal shall have been filed with the Board, that, by reason of facts stated in the certificate, a stay would, in its 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 on application upon notice to the Board from whom the appeal is taken and on good cause shown.
[Ord. No. 751 § 25-10]
a. 
Creation of Office; Appointments. The office of the Zoning Officer of the Borough of Peapack and Gladstone is hereby continued. Appointments to the office of the Zoning Officer shall be made by the Mayor, subject to confirmation by the Borough Council. The term of office shall be one (1) year. A vacancy in the office shall be filled by the Mayor subject to confirmation by the Borough Council for the unexpired term only.
b. 
Duties.
1. 
It shall be the duty of the Zoning Officer to enforce this chapter and, pursuant to that duty, to:
(a) 
Discover and ascertain the existence of any violations of this chapter.
(b) 
Investigate and inspect any alleged violation of this chapter within his or her knowledge or coming to his or her attention.
(c) 
Prevent further or continued violations of this chapter which are known by him or her to exist, and by every lawful means cause the violators to cease and desist from committing such further violations.
(d) 
To prosecute violations of this chapter in the manner provided by law.
(e) 
To enforce all the terms and conditions of the actions of the Land Use Board.
2. 
Whenever any building or structure is erected, constructed, altered, repaired, converted, used or maintained within the Borough, it shall be the duty of the Zoning Officer to ascertain that the same is done in accordance with the provisions of this chapter and not in violation thereof; and whenever any building or structure is so erected, constructed, altered, repaired, converted, used or maintained contrary to or any land is used in violation of any provision of this chapter, it shall be the duty of the Zoning Officer to proceed with the enforcement of this chapter in the manner herein provided and as otherwise provided by law, and he or she is hereby further authorized and empowered to institute and maintain any further statutory legal actions and proceedings for the enforcement hereof, now existing or heretofore or hereafter provided, which may be available to him or her.
c. 
Enforcement Procedure. Whenever the Zoning Officer shall ascertain that any of the provisions of this chapter are being violated, he or she shall:
1. 
Promptly notify the person committing such violation to cease and desist from continuing such violation. If such violation consists of the construction or erection of an illegal building or structure, he or she shall order the same demolished and the site cleared or the building or structure removed. If such violation consists of an illegal alteration or conversion of an existing building or structure, he or she shall order each building or structure restored to a conforming condition.
2. 
Sign and file a complaint alleging the violation in the Municipal Court of the Borough, in the manner prescribed by law and the rules governing the practice in such Court. He or she shall also institute further proceedings in the Superior Court when, in his or her opinion, the same are warranted to enjoin said violation and to effect the discontinuance thereof. Nothing herein shall prevent any person other than the Zoning Officer from instituting a complaint for any violation of this chapter in the manner prescribed by law.
d. 
Search Warrants. In the enforcement of this chapter, the Zoning Officer may apply to the Judge of the Municipal Court of the Borough for a warrant or warrants to search and inspect the properties and premises upon which he or she has reason to believe any violation of this chapter has taken or is taking place and, upon probable cause shown, the Judge may issue such a warrant or warrants in the manner authorized by law, and the information obtained pursuant thereto shall be admissible as evidence in any court of competent jurisdiction for the purposes of proving any case brought for violation of this chapter.
e. 
Administrative Duties. In addition to the duty of enforcement of this chapter and prosecuting the violations thereof, the Zoning Officer shall:
1. 
Make an inspection of every parcel of land, building or structure for which an occupancy or land use permit is requested prior to the issuance of such permit, in order to ascertain that said occupancy or use will comply with every standard, regulation and requirement of this chapter for such occupation and use.
2. 
After proper inspection and investigation, issue land use permits and certificates of occupancy in appropriate instances and within his or her jurisdiction.
3. 
Report to the Land Use Board with respect to matters which are properly before the Board and otherwise conduct investigations, report to and be responsible to the Mayor and Borough Council with respect to matters pertaining to the Zone Plan and this chapter and otherwise within his or her jurisdiction.
4. 
Start and maintain an accurate and complete file with respect to every alleged violation of this chapter or other matter investigated and processed by him or her.
5. 
File a monthly report of his or her activities, including the complaints and case processed by him or her and the disposition thereof, with the Mayor and Borough Council.