A. There is hereby established in the Township of Maurice River, pursuant
to N.J.S.A. 40:55D-25c, as amended, a Land Use Board of nine (9) members
which Board shall have the combined powers and duties of a municipal
planning board and zoning board of adjustment, and consisting of four
(4) classes of members as delineated below:
1. Class I - the Mayor or the Mayor's designee in the absence of the
Mayor.
2. Class II - one (1) of the officials of the Township of the municipality
other than a member of the governing body, to be appointed by the
Mayor; provided that if there be an Environmental Commission, the
member of the Environmental Commission who is also a member of the
Land Use Board as required by Section 1 of P.L. 1968, c. 245 (C. 40:56A-1),
shall be deemed to be the Class II Land Use Board member if there
be among the Class IV or alternate members of the Land Use Board both
a member of the Board of Education.
3. Class III - a member of the governing body to be appointed by it.
4. Class IV - Six (6) other citizens of the Township, to be appointed
by the Mayor. The members of Class IV shall hold no other municipal
office, position or employment, except that in the case of nine-member
boards, one such member may be a member of the Historic Commission.
No member of the Board of Education may be a Class IV member of the
Land Use Board, except that in the case of a nine-member board, one
Class IV member may be a member of the Board of Education.
B. In addition to the foregoing, alternate members may be appointed
to the Land Use Board as Class IV members, and such alternate members
shall not exceed two (2). Alternate members shall be appointed by
the appointing authority for Class IV members, and shall meet the
qualifications of Class IV members of nine-member Land Use Boards.
Alternate members shall be designated at the time of appointment by
the Mayor as "Alternate No. 1" and "Alternate No. 2."
A. The term of the member composing Class I shall correspond to the
Mayor's 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 term.
B. 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 occurs first, except for a Class II member
who is also a member of the Environmental Commission. 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 term of office as a member of the Environmental Commission,
whichever occurs first.
C. The term of a Class IV member who is also a member of the Board of
Education shall terminate whenever he is no longer a member of such
other body or at the completion of his Class IV term, whichever occurs
first. The terms of all Class IV members first appointed 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 appointments; provided that the initial Class IV
term of no member shall exceed four (4) years. Thereafter, the Class
IV term of each such member shall be four (4) years.
D. The terms of the alternate members shall be for two (2) 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 in no instance shall the terms of the alternate
members first appointed exceed two (2) years.
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.
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 has, either
directly or indirectly, any personal or financial interest. Any member
other than a Class I member, after a public hearing if he requests
one, may be removed by the governing body for cause.
The Land Use Board shall elect a chairman and vice chairman
from the members of Class IV, and select a secretary, who may or may
not be a member of the Land Use Board or a municipal employee.
The Land Use Board may employ or contract for and fix compensation
of a Land Use Board Attorney, other than the Township Attorney, and
experts, staff personnel and other services as it may deem necessary,
not exceeding, exclusive of gifts or grants, the amount appropriated
by the governing body for its use.
The Land Use Board is authorized to adopt bylaws governing its
procedural operation and in accordance with provisions of N.J.S.A.
40:55D-1, et seq., it shall also have the following powers and duties
of planning board:
A. To prepare and, after public hearing, adopt or amend a Master Plan
or component parts thereof, to guide the use lands within the Township
in a manner which protects public health and safety and promotes the
general welfare, in accordance with the provisions of N.J.S.A. 40:55D-28.
B. To administer provisions of all development regulations of the municipality,
including subdivision control and site plan review, in accordance
with the provisions of said regulations and the Municipal Land Use
Law of 1975, N.J.S.A. 40:55D-1, et seq., as amended.
C. When reviewing applications for approval of subdivision plats, site
plans or conditional uses to grant:
1. Direction pursuant to N.J.S.A. 40:55D-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-32.
2. Direction pursuant to N.J.S.A. 40:55D-36 for issuance of 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.
D. To participate in the preparation and review of programs or plans
required by State or Federal law or regulation.
E. To assemble data on a continuing basis as part of a continuing planning
process.
F. To annually 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. Pursuant to N.J.S.A. 40:55D-25(c), the Land Use Board shall exercise,
to the same extent and subject to the same restriction, all powers
of a Zoning Board of Adjustment, including but not limited to those
powers and duties prescribed by law to the Board of Adjustment pursuant
to N.J.S.A. 40:55D-70 and N.J.S.A. 40:55D-776. In exercising the powers
of the Board of Adjustment, the Class I and Class III members of Land
Use Board shall not participate in the consideration of applications
for development which involve relief pursuant to Subsection d of Section
57 of P.L. 19775, c. 291 (N.J.S.A. 40:55D-70, as amended), including:
1. 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 officer based on or made in the enforcement of
the zoning ordinance;
2. Hear and decide requests for interpretation of the zoning map or
ordinance or for decision 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., as amended, or any other
development regulation;
3.
a. Where: (1) by reason of exception narrowness, shallowness or shape
of a specific piece of property, or (2) by reason of exceptional topographic
conditions or physical features uniquely affecting a specific piece
of property, or (3) 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
would result in peculiar and exceptional practical difficulties to,
or exceptional and undue hardship upon the developer of such property,
grant, upon application or an appeal relating to such property, a
variance from such strict application of such regulation so as to
relieve such difficulties and hardship;
b. Where in an application or appeal relating to a specific piece of
property the purposes of this chapter 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 said regulations provided, however, that no variance
from those departures enumerated in Subsection G4 of this Section
shall be granted under this subsection; and
4. In particular cases for special reasons, grant a variance to allow
departure from this chapter 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 pursuant to N.J.S.A. 40:55D-67
pertaining solely to a conditional use;
d. An increase in the permitted floor area ratio as defined in N.J.S.A.
40:55D-4;
e. An increase in the permitted density as defined in this chapter,
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
f. A height of a principal structure which exceeds by ten feet (10')
or ten percent (10%) the maximum height permitted in the district
for a principal structure.
5. A variance under this subsection shall be granted only by affirmative
vote of at least two-thirds (2/3) of the full authorized membership
of this Board.
6. In exercising the above mentioned powers the Land Use Board, as the
Board of Adjustment, may, in conformity with the provisions of N.J.S.A.
40:55D-1, et seq., or amendments thereto or subsequent statutes applying,
reverse or affirm, wholly or partly, or may modify the order, requirement,
decision or determination appealed from and make sure other requirements,
decisions or determination as ought to be made, and to that end have
all the powers of the administrative officer from whom the appeal
was taken.
H. To consider and make report to the governing body within thirty-five
(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 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.
I. To carry out the provisions set forth in Section
35-11.4K of this chapter for the preservation of historic resources.
J. 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 and officers of the municipality.
The Mayor may appoint one (1) or more persons as a Citizen's
Advisory Committee to assist or collaborate with the Land Use Board
in its duties, but such person or persons shall have no power to vote
or take other action required of the Board. Such person or persons
shall serve at the pleasure of the Mayor and shall be a citizen or
citizens of the Township.
At such time that an Environmental Commission is established
and appointed in accordance with the provisions of N.J.S.A. 40:56-1,
et seq., and said Environmental Commission has prepared and submitted
to the Land Use Board an index of the natural resources of the Township,
the Land Use Board shall make available to the Environmental Commission
an informational copy of every application for development to the
Land Use Board. Failure of the Land Use Board to make such informational
copy available to the Environmental Commission shall not invalidate
any hearing or proceeding.
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 has, either directly or indirectly, any personal or financial interest.
Whenever any such member shall disqualify himself from acting on a
particular matter, he 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 such matter and the decision thereon.
A. Meetings of the Land Use Board shall be scheduled no less often than
once a month and any meeting so scheduled shall be held as scheduled
unless canceled for lack of applications for development to process
or appeals to be heard and decided.
B. Special meetings may be provided for at the call of the Chairman
or on the request of any two (2) Board members, which shall be held
on notice to the Board's members and the public in accordance with
all applicable legal requirements.
C. No action shall be taken at any meeting without a quorum present.
D. All actions shall be taken by majority vote of the members present
at the meeting except as otherwise required by any provisions of N.J.S.A.
40:55D-1 et seq. Failure of a motion to receive the number of votes
required to approve an application for development or appeal pursuant
to the exceptional vote requirements of N.J.S.A. 40:55D-34 and 40:55D-67d
shall be deemed an action denying the application.
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 Meetings Act (N.J.S.A. 40:4-6,
et seq.). An executive session for the purpose of discussion and studying
matters to come before the Board shall not be deemed regular or special
meetings in accordance with the provisions of N.J.S.A. 40:55D-9.
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 Land Use 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 as 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.
Fees for services to provide copies of the minutes or other
documents or for the renderings of any service by the Land Use Board,
or any member of its administrative staff, which are not otherwise
provided by ordinance, may be provided for and adopted as part of
the rules of the Board, and copies of said rules or of the separate
fee schedule shall be available to the public.