[1]
Editor's Note: Pursuant to Ordinance No. O-2016-1, all references
to the Planning Board shall mean Land Use Board.
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]
A.
Class I. 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 tenure.
B.
Class II. The term of the member composing Class II shall be for
one (1) year or terminate at the completion of that member's term
of office, whichever occurs first.
C.
Class III. The term of the member composing Class III shall be for
one (1) year or terminate at the completion of that member's respective
term of office, whichever occurs first.
D.
Class IV. The terms of the members of Class IV shall be four (4)
years. The term of a Class IV member who is also a member of the Board
of Education shall terminate whenever that member is no longer a member
of such other body or at the completion of the 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 the appointments.
E.
Alternates. 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 two (2) alternate members shall expire
in any one year. In no instance shall the terms of the alternate members
first appointed exceed two (2) years.
F.
General Membership Terms and Provisions.
1.
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 provided
by regular members, for the unexpired term.
2.
No member of the Land Use Board shall be permitted to act on any
matter on which the member has, either directly or indirectly, any
personal or financial interest.
3.
Any member other than a Class I member, after a public hearing if
the member requests one, may be removed by the Governing Body for
cause.
4.
The Governing Body may provide that the term of appointment of any
class of member commence on January 1.
[Ord. No. O-2016-1]
A.
The Land Use Board shall elect a Chairman and Vice Chairman from
the members of Class IV. The Land Use Board may also select a Secretary,
who may or may not be a member of the Land Use Board or a municipal
employee, and fill such other offices as established by ordinance.
B.
The Land Use Board may employ or contract for and fix compensation
of an Attorney, an Engineer, and such other experts and staff as it
may deem necessary. The Land Use Board shall not authorize expenditures
which exceed, exclusive of gifts or grants, the amount appropriated
by the Borough Governing Body for its use. The appointments of all
staff members, including that of the Land Use Board Attorney and Engineer
shall be made at the organization meeting of the Land Use Board and
shall continue for one (1) year until the next organization meeting
of the Land Use Board, at which time said appointments shall expire
and may be renewed.
C.
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, but such person or persons shall have no power to vote or
take other action required of the Land Use Board. Such person or persons
shall serve at the pleasure of the Mayor.
[Ord. No. O-2016-1]
A.
The Land Use Board is authorized to adopt bylaws, rules and regulations
governing its procedural operations which shall be consistent with
Municipal Land Use Law, ordinances of the Borough, and other applicable
law.
B.
The Land Use Board shall also have the powers and duties as set forth
in the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., for planning
boards and zoning boards of adjustment.
C.
The Land Use Board shall 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 not inconsistent with the purposes and intent of N.J.S.A.
40:55D-1 et seq. and such other applicable general law.
D.
Any approvals granted by the Land Use Board shall be subject to and
conditioned upon approval of any other Federal, State or local agency
as may be applicable.
[Ord. No. O-2016-1]
A.
Unless otherwise specified by the Municipal Land Use Law, N.J.S.A.
40:55D-1 et seq., ordinance or Governing Body resolution, procedures
for any development application, subdivision approval, site plan approval,
variance or appeal from an administrative officer shall be as set
forth in rules and regulations adopted by the Borough Land Use Board.
B.
Regular meetings of the Land Use Board shall be scheduled no less
than once a month and shall comply with the Open Public Meetings Act,
as applicable.
C.
A verbatim recording shall be made of all hearings before the Land
Use Board.
D.
Twenty (20) copies of any applications shall be filed with the appropriate
designated administrative officer.
E.
Every application for development shall be accompanied by a certification
from the Tax Collector of the Borough that no taxes or assessments
for local improvements are due or delinquent on the property for which
any application is made.
[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]
[1]
Editor's Note: Pursuant to Ordinance No. O-2016-1, all references
to the Zoning Board of Adjustment shall now mean the Land Use Board.
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]
