[Amended 7-25-1984 by Ord. No. 10-84; 12-18-2019 by Ord. No. 19-28]
There is hereby established pursuant to N.J.S.A. 40:55D-25c in the Township a Land Use Board of nine members consisting of the following four classes:
Class I: The Mayor or his designee.
Class II: One of the officials of the Township other than a member of the Township Council to be appointed by the Mayor.
Class III: A member of the Township Council to be appointed by it.
Class IV: Six other citizens of the Township to be appointed by the Township Mayor. The members of Class IV shall hold no other Township office.
There may also be not more than four alternate members appointed to the Land Use Board in the same manner as Class IV members who shall be designated as "Alternate No. 1," "Alternate No. 2," "Alternate No. 3" and "Alternate No. 4."
Alternate members may participate in discussion 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.
The Class IV and alternate members shall hold no other municipal office position or employment in the municipality.
The terms 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.
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.
The terms of all Class IV members first appointed under this section shall be as follows: two citizen members for two years whose term shall expire December 31, 2021; two citizen members for three years whose term shall expire December 31, 2022; and two citizen members for four years whose term shall expire December 31, 2023; thereafter, the term of each Class IV member shall be four years and shall run from January 1 of the year in which the appointment is made.
The terms of alternate members shall be for two years except that of the alternate members first appointed, two shall be appointed for a one-year term and two shall be appointed for a two-year term, the terms to run from January 1 of the year in which the appointment is made. Thereafter, all appointments shall be made for a term of two years.
No member of the Board shall be permitted to act on any matter in which he or she has, either directly or indirectly, any personal financial interest. Any member other than the Class I member, after a public hearing, if he requests one, may be removed by the governing body for cause.
In accordance with N.J.S.A. 40A:9-12.1, any member of the Board who fails to attend and participate at meetings of the Land Use Board, without being excused, for a period of eight consecutive weeks, or for four consecutive regular meetings, whichever shall be of longer duration, shall be deemed to have vacated their position. 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 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 Township employee designated by it.
There is hereby created the office of 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 Township Attorney.
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 Township Council for its use.
The Land Use Board is authorized to adopt bylaws governing its procedural operation. It shall also have the following powers and duties.
To make, adopt and amend a Master Plan for the physical development of the Township including any areas outside its boundaries, which in the Board's judgment bear essential relation to the planning of the Township in accordance with the provisions of N.J.S.A. 40:55D-28. Said Master Plan shall be reexamined every six years in accordance with the provisions of N.J.S.A. 40:55D-89. The next reexamination shall be completed at least once every six years from the previous reexamination. The absence of the adoption by the Land Use Board of a reexamination report pursuant to statute shall constitute a rebuttable presumption that the municipal development regulations are no longer reasonable.
To participate in the preparation and review of programs or plans required by state or federal law or regulations.
To assemble data on a continuing basis as part of a continuous planning process.
To annually prepare a program of Township capital improvement projects projected over a term of six years, and amendments thereto, and recommend same to the Township Council.
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-26(a) which report shall identify any provisions in the proposed development regulations, revision or amendment which are inconsistent with the Master Plan, and shall include recommendations concerning these inconsistencies, and any other matters the Board deems appropriate; and also pass upon other matters specifically referred to the Land Use Board by the governing body pursuant to provisions of N.J.S.A. 40:55D-26b.
To perform such other advisory duties as are assigned to it by ordinance or resolution of the Township Council for the aid and assistance of the Township Council or other agencies or officers.
To consider and make a report within 45 days of its receipt upon any petition for annexation submitted to the governing body of the municipality and referred to the Land Use Board pursuant to the provisions of N.J.S.A. 40A:7-12.
To review a petition for inclusion of a parcel in a municipally approved Farmland Preservation Program pursuant to N.J.S.A. 4:1C-21(c).
Where by reason of exceptional narrowness, shallowness or shape of a specific piece of property, or by reason of exceptional topographic conditions, or by reason of other extraordinary and exceptional situation or condition of such piece of property, the strict application of any regulation in the Zoning Chapter 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, including a variance for a conditional use; provided, however, that no variance shall be granted under this subsection to allow a structure or use in a district restricted against such structure or use; and provided further that the proposed development does not require approval by the Land Use Board of a subdivision, site plan or conditional use in conjunction with which the Land Use Board shall review a request for a variance pursuant to N.J.S.A. 40:55D-60a of the Municipal Land Use Law of 1975 as amended.
In particular cases and for special reasons, grant a variance to allow departure from regulations set forth in the Zoning Chapter including, but not limited to, allowing a structure or use in a district restricted against such structure or use but only by affirmative vote of at least five members of the Board.
No variance or other relief may be granted under the provisions of this section unless such variance or other relief can be granted without substantial detriment to the public good and will not substantially impair the intent and purpose of the zone plan and Zoning Ordinance. Any application under this section may be referred to any appropriate person or agency, including the Land Use Board, for its report provided that such reference shall not extend the period of time within which the Land Use Board shall act.
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 drainage way, flood control basin or public area reserved on the Official Map.
The Land Use Board shall have the power to grant subdivision or site plan approval pursuant to N.J.S.A. 40:5D-37 et seq. or conditional use approval pursuant to N.J.S.A. 40:55D-67 whenever the proposed development requires approval by the Land Use Board of a variance pursuant to Subsection d of Section 57 of the Municipal Land Use Law (N.J.S.A. 40:55D-70). The developer may elect to submit a separate application requesting approval of the variance and a subsequent application for any required approval of a subdivision, site plan or conditional use. The separate approval of the variance shall be conditioned upon grant of all required subsequent approvals by the Land Use Board. No such subsequent approvals shall be granted unless such approval can be granted without substantial detriment to the public good and without substantial impairment of the intent and purpose of the zone plan and Zoning Ordinance. The number of votes of Board members required to grant any such subsequent approvals shall be as otherwise provided in this article for the approval in question, and the special vote pursuant to the aforesaid subsection of Section 57 (N.J.S.A. 40:55D-70d) shall not be required.
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 on its findings on Zoning Ordinance provisions which were the subject of variance requests and its recommendations for Zoning Ordinance amendment and revision, if any. The Land Use Board shall send copies of the report and resolution to the governing body.
Minor subdivisions and site plan. Minor subdivision or site plan applications shall be granted or denied within 45 days of the date of certification of submission of a complete application, 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, or a deed clearly describing the approved minor subdivision, is filed by the developer with the County Recording Officer, the Municipal Engineer and the Municipal 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. Minor site plan approval shall be deemed to be final approval of the site plan by the board, provided the Board or a Site Plan Committee of the Board appointed by the chairman finds that the application conforms to the definition of minor site plan, and further provided that the Board or said subcommittee may condition such approval on terms ensuring the provision of improvements pursuant to N.J.S.A. 40:55D-38, 40:55D-39, 40:55D-41 and 40:55D-53.
Any approvals given pursuant to this subsection shall be conditioned upon timely receipt of a favorable report on the application by the County Land Use Board or approval by the County Land Use Board by its failure to report thereon within the required time period.
Preliminary approval, site plans and subdivisions. Upon submission of a complete application for a site plan which involves 10 acres of land or less and 10 dwelling units or less, or for a subdivision of 10 or fewer lots, the Land Use Board shall grant or deny preliminary approval within 45 days of certification of completeness of such submission or within such further time as may be consented to by the developer.
Upon submission of a complete application for a site plan which involves more than 10 acres or more than 10 dwelling units, or 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 certification of completeness 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 to the subdivision or site plan and the applicant shall comply with the provisions of § 70-2.12.
Final approval. Application for final subdivision or site plan approval shall be granted or denied within 45 days of certification of completeness of the application or within such further time as may be consented to by the applicant.
The Board shall render its decision on variances not later than 120 days after an application has been determined complete.