[Ord. #09-028, § 4]
The Land Use Board shall have the powers listed below in addition
to other powers established by law:
a. Make, adopt and, from time to time, 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 relationship to the
planning of the Township.
b. Administer the Subdivision and Site Plan Review provisions of the
Land Management Ordinance in accordance with the applicable provisions
of this chapter and N.J.S.A. 40:55D-1 et seq.
c. Hear and decide applications for conditional uses in accordance with
the applicable provisions of this chapter and N.J.S.A. 40:55D-1 et
seq.
d. Participate in the preparation and review of programs and plans in
accordance with N.J.S.A. 40:55D-31 or Federal law or regulation.
e. Assemble data on a continuing basis as part of a continuous planning
process.
f. Annually, at the request of the Township Committee, prepare a program
of municipal capital improvements projects projected over a term of
six years and recommend same to the Township Committee.
g. Consider and report to the Township Committee within 35 days after
referral as to any proposed development regulation submitted to it
and also pass upon other matters specifically referred to the Land
Use Board by the Township Committee.
h. 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 and officers.
i. Perform, to the same extent and subject to the same restrictions,
all the powers and duties of a Board of Adjustment, including:
1. Hear and decide appeals where it is alleged by the applicant that
there is an error in any order, requirement, decision or refusal made
by an official based on or made in the enforcement of the zoning provisions
of this chapter.
2. Hear and decide requests for interpretation of the Zoning Map or
the zoning provisions of this chapter or for decisions upon other
special questions upon which the Board is authorized to pass by any
zoning provisions of this chapter or by any duly adopted Official
Map.
3. Grant variances pursuant to N.J.S.A. 40:55D-70 as set forth in subsections
13-702.2 and
13-702.3 below.
4. Provide direction pursuant to N.J.S.A. 40:55D-34 for issuance of
a permit for a building or structure in the bed of a mapped street
or public drainage way, flood control basin or public area reserved
pursuant to N.J.S.A. 40:55D-32.
5. Provide direction pursuant to N.J.S.A. 40:55D-36 for issuance of
a permit for a building or structure not related to a street.
The Class I and the Class III members shall not participate
in the consideration of applications which involve relief pursuant
to N.J.S.A. 40:55D-70(d).
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[Ord. #09-028, § 4]
In particular cases and for special reasons, the Land Use Board
may grant a variance to allow departure from the zoning provisions
of this chapter to permit:
a. A use or principal structure in a district restricted against such
use or principal structure;
b. An expansion of a nonconforming use;
c. A deviation from a particular specification or standard set forth
in this chapter as pertaining solely to a conditional use;
d. An increase in the permitted floor area ratio as defined in Section
13-201 of this chapter and in N.J.S.A. 40:55D-4;
e. An increase in the permitted density as defined in Article
13-400 or Article
13-600 of this chapter, as the case may be, and in N.J.S.A. 40:55D-4, except as applied to the required lot area for a lot or lots for detached one or two dwelling unit buildings, which lot or lots are either an isolated undersized lot or lots resulting from a minor subdivision, in which event applications would be made pursuant to subsection
13-702.1i3 hereinabove; or
f. A height of a principal structure which exceeds by ten (10') feet
or 10% the maximum height permitted in the zone district for a principal
structure.
A variance under this subsection shall be granted only by affirmative vote of at least five members of the Board. Pursuant to D. Lobi Ent. v. Planning/Zoning Bd., Sea Bright, 408 N.J. Super. 345 (App.Div.2009), when a "d" variance application is heard before the nine member Land Use Board, the Class I and Class III members, who are prohibited by the statute from considering the application, may not be replaced by alternatives, and the application must be heard by a seven member board. If an application for development requests one or more variances but not a variance for a purpose enumerated in this subsection, the decision on the requested variance or variances shall be rendered under subsection 13-702.1i3 of this chapter.
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[Ord. #09-028, § 4]
The Land Use Board shall have such other powers as prescribed
by law, including, but not limited to, the following:
a. Direct issuance of a construction permit pursuant to N.J.S.A. 40:55D-34
for the construction of a building or structure within the bed of
a mapped street or public drainageway, flood control basin or public
area as shown on a duly adopted Official Map, if an Official Map is
adopted by the Township, whenever one or more parcels of land within
said bed cannot yield a reasonable return to the owner unless a construction
permit is granted. The Board may grant such relief only by affirmative
vote of a majority of the full authorized membership of the Land Use
Board, ensuring that such relief will tend to cause a minimum change
of the Official Map and will not significantly add to the cost of
opening any proposed street. The Board shall impose reasonable requirements
as a condition of granting the construction permit so as to promote
the health, morals, safety and general welfare of the public.
b. Direct issuance of a construction permit pursuant to N.J.S.A. 40:55D-36
for the construction of a building or structure on a lot not abutting
a street which is shown on a duly adopted Official Map, if an Official
Map is adopted by the Township, or which is (a) an existing State,
County or municipal street or highway; or (b) a street shown upon
a plat approved by the Board; or (c) a street on a plat duly filed
in the office of the County Recording Officer. The Board may grant
such relief only when the enforcement of the statute requirement that
a building lot abut a street would entail practical difficulty or
unnecessary hardship, or where the circumstances of the case do not
require the building or structure to abut a street. The Board shall
impose requirements or conditions that will provide adequate access
for fire fighting equipment, ambulances and other necessary emergency
vehicles for the protection of the health and safety and that will
protect any future street layout on the Official Map or on the Traffic
Circulation Plan element of the municipal Master Plan.
[Ord. #09-028, § 5]
No regular or alternate member of the Land Use Board shall act
on any matter in which he has either directly or indirectly any personal
or financial interest unless the rule of necessity as interpreted
in Gunther v. Planning Board of Bay Head, 355 N.J. Super. 452 (Law
Div. 2000) so dictates. Whenever any such member shall disqualify
himself from acting on a particular matter, he shall not continue
to sit with the Board on the hearing of such particular matter nor
participate in any discussion by the Board or any decision relating
thereto.
[Ord. #09-028, § 6]
Any decision of the Land Use Board when acting upon an application
for development shall be given notice in the following manner:
a. A copy of the decision shall be mailed by the appropriate Township
authority within 10 days of the date of decision to the applicant,
or, if represented, then to his attorney, without separate charge.
A copy of the decision shall also be mailed within 10 days to any
interested party who has requested it and who has paid the fee prescribed
by the Township authority for such service.
b. A brief notice of every final decision shall be published in the
official newspaper of the Township. Such publications shall be arranged
by the Secretary of the Land Use Board, without separate charge to
the applicant. The notice shall be sent to an official newspaper for
publication within 10 days of the date of any such decision.
c. A copy of the decision shall also be filed in the office of the Township
Clerk, who shall make a copy of such filed decision available to any
interested party upon payment of a fee calculated in the same manner
as those established for copies of other public documents in the Township.
[Ord. No. 09-028, § 8]
Upon final consideration of all applications for development pending before the Zoning Board of Adjustment on the effective date herein, subject to the provisions of Subsection
13-705, the Zoning Board of Adjustment shall be dissolved and any action thereafter by it shall be null and void.
[Ord. No. 09-028, § 9]
This Ordinance and the amendments to this chapter provided for
herein shall become effective as of January 1, 2010.