[Amended 7-25-1984 by Ord. No. 10-84; 12-18-2019 by Ord. No. 19-28]
A.
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:
(1)
Class I: The Mayor or his designee.
(2)
Class II: One of the officials of the Township other than a member
of the Township Council to be appointed by the Mayor.
(3)
Class III: A member of the Township Council to be appointed by it.
(4)
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.
B.
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."
C.
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.
D.
The Class IV and alternate members shall hold no other municipal
office position or employment in the municipality.
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
A.
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.
C.
To participate in the preparation and review of programs or plans
required by state or federal law or regulations.
D.
To assemble data on a continuing basis as part of a continuous planning
process.
E.
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.
F.
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.
G.
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.
H.
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.
I.
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).
L.
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[4] 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.
M.
In particular cases and for special reasons, grant a variance to
allow departure from regulations set forth in the Zoning Chapter[5] 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.
N.
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.
O.
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.
P.
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.
Q.
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[6] 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.
A.
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.
(1)
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.
B.
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.
(1)
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.
C.
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.
D.
The Board shall render its decision on variances not later than 120
days after an application has been determined complete.
