Ordinance No. O-2016-1 created a Land Use Board which combined
the Planning Board and Zoning Board of Adjustment. All references
to the Planning Board or Zoning Board of Adjustment shall now refer
to the Land Use Board.
[Ord. No. O-2016-1]
There is hereby established a nine-member Borough of Highlands
Land Use Board, which shall exercise, to 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 and the Code of the Borough of Highlands. Any reference to the
Planning Board or Zoning Board of Adjustment in any existing Borough
of Highlands Ordinance shall be deemed to refer to the Land Use Board.
[Ord. No. O-2016-1]
All 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 (4) 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 (1) 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.
D. Class IV. Six (6) other citizens of the Borough, to be appointed
by the Mayor. The members of Class IV shall hold no other municipal
office, position or employment except that one (1) 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 (4) 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 (1) or more of the meetings for which a hearing
was held or 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 (1) 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.
[Ord. No. O-2016-1]
Any section or provision of the Code of the Borough of Highlands
which contains provisions contrary to the provisions of this Article
shall be and hereby is repealed to the extent of any such inconsistency.
[Ord. No. O-2016-1; Ord. No. O-2016-5]
All applications or matters which come before the Borough of
Highlands Land Use Board shall be subject to the notice requirements
of N.J.S.A. 40:55D-12 et seq. and shall be submitted not later than
ten (10) days prior to the next hearing date.
[Ord. No. O-2018-21]
A variance granted by the Land Use Board shall expire in one
(1) year unless an extension of the time period is granted or the
variance is exercised by either the erection or alteration of structures,
the commencement of use, the submission of required subdivision or
site plan application, or the specific terms of the original variance.
Any appeal to the Governing Body or court of competent jurisdiction
shall suspend the running time for the period of the appeal.
[Reserved by Ord. No. O-2016-1]
Ordinance No. O-2016-1 created a Land Use Board which combined
the Planning Board and Zoning Board of Adjustment. All references
to the Planning Board or Zoning Board of Adjustment shall now refer
to the Land Use Board.
[Reserved by Ord. No. O-2016-1]