[Ord. #09-028, § 3]
a.
A Land Use Board is hereby created consisting of nine regular and up to two alternate members. Members of the Land Use Board, except for the Class II member set forth below, shall be municipal residents. The membership shall consist of, for convenience in designating the manner of appointment, the four following classes:
Class I | The Mayor, the Mayor's designee. |
Class II | One of the officials of the Township other than a member of the governing body, to be appointed by the Mayor. |
Class III | A member of the Township Committee to be appointed by it. |
Class IV Regular Members | Six other municipal residents of the municipality to be appointed by the Mayor. The members of Class IV shall hold no other municipal office, position or employment, except that one member may be a member of the Board of Education, one member may be a member of the Historic Preservation Commission, and one member must be a member of the Environmental Commission as required by N.J.S.A. 40:56A-1; provided, however, that if there be any designated Class IV regular or Class IV alternate members of the Land Use Board being a member of the Historic Preservation Commission and a member of the Board of Education, then the member of the Environmental Commission shall be deemed to be the Class II member of the Land Use Board. The Class IV regular members shall be appointed and designated as "Seat 1," "Seat 2," "Seat 3," "Seat 4," "Seat 5," and "Seat 6." |
Class IV Alternate Members | Two other municipal residents who may be appointed by the Mayor. Alternate members shall meet the qualifications of Class IV regular members. The alternate members shall be designated by the Mayor at the time of their appointment as "Alternate No. 1" and "Alternate No. 2." |
b.
The term of the member composing Class I shall correspond with his 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, 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 years or terminate at the completion of his term as a member of the Environmental Commission, whichever comes first. 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 the Board of Education or at the completion of his Class IV term, whichever occurs first.
c.
All present Class IV regular members of the existing Planning Board shall continue in office in the Land Use Board until the completion of the terms for which they were appointed, and shall be hereinafter designated as "Seat 1" (set to expire December 2010), "Seat 3" (set to expire December 2012), "Seat 4" (set to expire December 2012), and "Seat 6" (currently held by a member of the Environmental Commission). Due to clerical errors in the appointments of Class IV regular members in prior years, and to keep with the intent of N.J.S.A. 40:55D-23(b) for the appointment of Class IV regular members to be so determined that to the greatest practicable extent the expiration of such terms shall be distributed evenly, the two new Class IV regular members to be appointed in January 2010 shall be for an initial term as follows: "Seat 2" shall be for a two year term; and "Seat 5" shall be for a four year term. Thereafter the term of each Class IV regular member shall be four years, unless a member of the Environmental Commission is appointed to the Land Use Board, which then such "Seat" shall be for a three year term or at the completion of his term as a member of the Environmental Commission. All terms shall run from January 1 of the year in which the appointment is made.
d.
All present Class IV alternate members of the Land Use Board shall continue in office until the completion of the terms for which they were appointed. The terms of the Class IV alternate members shall be two years. All terms shall run from January 1 of the year in which the appointment is made.
e.
Alternate members may participate in all matters but may not vote except in the absence or disqualification of a regular member of any class. Participation of alternate members shall not be deemed to increase the size of the Land Use Board. 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.
f.
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. Any member other than a Class I member may be removed by the governing body for cause but only after public hearing, if requested, and other required procedural due process protection.
g.
The Land Use Board shall organize annually by selecting from among its Class IV regular members a Chairperson and a Vice Chairperson. The Board shall also select a Secretary who may or may not be a member or alternate member of the Board or an employee of the Township. An alternate member shall not serve as Chairperson or Vice-Chairperson of the Land Use Board.
h.
The governing body, after giving due consideration to budget requests that may be submitted by the Land Use Board, shall make provisions in its budget and appropriate funds for the expenses of the Land Use Board.
i.
The office of Land Use Board Attorney is hereby created. The Land Use Board may appoint to such office and fix compensation or rate of compensation of an attorney at law of New Jersey other than the Township Attorney.
j.
The Land Use Board may also employ or contract for and fix the compensation of such experts and other staff and services as it may deem necessary. The Board, however, shall not authorize expenditures which exceed, exclusive of gifts, grants or application fees, the amount appropriated by the governing body for its use.
[1]
Editor's Note: Ordinance No. 09-028 creates a combined Land Use Board. References to the Planning Board and Zoning Board of Adjustment have been retained and shall be read as if the words "Land Use Board acting as the" precedes them.