[Article III adopted by Ordinance No. 2007-04]
[Ord. No. 2007-04]
There shall be a nine member Land Use Board, the membership of which shall consist of the following four classes:
Class I - The Mayor or the Mayor's designee in the absence of the Mayor;
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 Governing Body to be appointed by it;
Class IV - Other citizens of the Township, to be appointed by the Mayor. The members of Class IV shall hold no other municipal office, position or employment. Not more than one member of the Board of Education may be a member of the Land Use Board. For the purpose of this section, membership on a Township 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.
No member of the Land Use Board shall be permitted to act on any matter in which he or she has, either directly or indirectly, any personal or financial interest. Any member other than a Class I member, after a public hearing if requested, may be removed by the Governing Body for cause.
The Mayor may appoint a designee to serve at his pleasure provided a letter of appointment is filed with the Township Clerk. Any person appointed shall serve until a letter of appointment of another person is filed with the Township Clerk.
All members of the Board, except the Class II member, shall be municipal residents.
[Ord. No. 2007-04; Ord. No. 2008-11]
a. 
There may be four alternate members of the Land Use Board, all of whom shall be municipal residents. Alternate members shall be appointed by the appointing authority for Class IV members, and shall meet the qualifications of Class IV members. Alternate members shall be designated at the time of appointment as "Alternate No. 1," and "Alternate No. 2," "Alternate No. 3" and "Alternate No. 4." The terms of the alternate members shall be for two years, except that the terms of the alternate members shall be such that the term of not more than one alternate member shall expire in any one year; provided, however, that if four alternates have been appointed, the term of not more than two alternate members shall expire in any one year pursuant to the statute and in no instance shall the terms of the alternate members first appointed exceed two years. A vacancy occurring otherwise than by expiration of term shall be filled by the appointing authority for the unexpired term only.
b. 
No alternate members shall be permitted to act on any matter in which he or she has, either directly or indirectly, any personal or financial interest. An alternate member may, after public hearing if requested, be removed by the Governing Body for cause.
c. 
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 before Alternate No. 2 and so on.
[Ord. No. 2007-04]
a. 
The Land Use Board shall elect a Chair and Vice-Chair from the members of Class IV, select a secretary who may or may not be a member or alternate member of the Land Use Board or a municipal employee, and create and fill such other offices as established by ordinance. An alternate member shall not serve as Chair or Vice-Chair of the Land Use Board. The Board shall have legal counsel, who shall be an attorney-at-law of the State of New Jersey, other than the municipal attorney, and who shall be qualified to serve the Land Use Board. The Land Use Board attorney shall receive a retainer based upon an annual agreement between the Land Use Board and its attorney. This retainer shall cover attendance at all regular meetings and work sessions of the Land Use Board, advice to the Zoning Officer and Land Use Administrator, and routine matters such as legal research. All resolutions, deeds, developer's agreements and other matters pertaining to or related to an individual application shall be billed against those escrow accounts established by the applicant. All litigation which is a result of any decision pursuant to the Municipal Land Use Law in which the Board or any member of it is a party shall be billed separately. The Board may also appoint a licensed professional engineer in the State of New Jersey, who need not be the Township Engineer. The Board may also appoint or engage a licensed professional planner in the State of New Jersey. The Board may also employ, contract for and fix the compensation of other staff and services as it may deem necessary, not exceeding, exclusive of gifts or grants, the amount appropriated by the Governing Body for its use. The Governing Body shall make provision in its budget and appropriate funds for the expenses of the Land Use Board.
b. 
Land Use Administrator. The Land Use Administrator shall be appointed by the Land Use Board after a consultation with and acceptance by the Township Committee. The Land Use Administrator shall have general knowledge of the workings of the Land Use Board and the Zoning Officer and shall serve as Administrative Assistant to the Land Use Board and Zoning Officer during such weekly hours and for such compensation set by the Township Committee. The duties of the Land Use Administrator shall include the following:
1. 
Receive all applications for development, determine whether such applications are complete as required by the Township Ordinance, notify applicants whether submissions are complete or incomplete, solely for the purpose of placing the application on the calendar within the time provided by law;
2. 
Establish the calendar of cases for the meetings of the Land Use Board;
3. 
Notify the applicants of the dates upon which matters will be heard in sufficient time so that notices can be given within the time required by N.J.S.A. 40:55D-12;
4. 
Attend all Land Use Board meetings and provide for the making of a verbatim record of all proceedings before each meeting of the Land Use Board;
5. 
Be responsible for giving notice by advertising or otherwise, in accordance with statutory authority, of all public notices required to be given by the Board pursuant to the Municipal Land Use Law or by the Open Public Meetings Law;
6. 
Maintain and have general charge and control of all records of the Land Use Board and Zoning Officer, take minutes of meetings of the Land Use Board and prepare same as required by the Municipal Land Use Law, and receive and present the correspondence of the Board and Zoning Officer;
7. 
Keep a record of all complaints received and all actions taken to abate any violations of Article IV, Zoning, of this chapter and immediately notify the Land Use Board or proper official of said complaint. Prepare such correspondence or documents needed by the Zoning Officer to fulfill the Zoning Officer's duties under these ordinances;
8. 
Provide general administrative support to the Zoning Officer and Land Use Board.
c. 
Rules and Regulations. The Board shall adopt such rules and regulations as may be necessary to carry into effect the provisions and purposes of this chapter. It may also issue subpoenas.
[Ord. No. 2007-04]
a. 
The Land Use Board shall follow the provisions of this chapter and the Municipal Land Use Law, and shall accordingly exercise its powers in regard to:
The Master Plan;
Subdivision control and site plan review;
The Official Map, if there be one;
The Zoning Ordinance;
Conditional uses;
Capital improvements program;
Variances and certain building permits in conjunction with subdivision, site plan and conditional use approval.
b. 
The Land Use Board may:
Hear and shall decide applications involving appeals from the Zoning Officer's decision, interpretations of the ordinance, the granting of "c" or "d" variances, all in accordance with N.J.S.A. 40:55D-70(a) through (d);
Participate in the review of programs or plans required by state or federal law or regulation;
Assemble data on a continuing basis as part of a continuous planning process; and
Perform such other advisory duties as are assigned to it by ordinance or resolution of the Governing EJody for the aid and assistance of the Governing Body or other agencies or officers.
Offer direction pursuant to N.J.S.A. 40:55D-34 for issuance of a permit for a building or a structure in the bed of a mapped street or a public drainage way, flood control basin or public area reserved pursuant to N.J.S.A. 40:55D-32; and
Offer 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 Land Use Board shall have referral power whenever a development regulation, revision or amendment thereto is proposed. Prior to the adoption of any such regulation, revision or amendment, the Land Use Board shall receive a true copy of the same as proposed by the Governing Body, and shall make and transmit to the Governing Body, within 35 days after referral, a report including identification of any provisions in the proposed regulation, revision or amendment which are inconsistent with the Master Plan, and any recommendations concerning these inconsistencies and any other matters as the Board deems appropriate. The Governing Body, when considering the adoption of such regulation, revision or amendment, shall review the report of the Land Use Board and may disapprove or change any recommendation by a vote of a majority of its full authorized membership and shall record in its minutes the reasons for not following such recommendations. The failure of the Land Use Board to transmit its report within the thirty-five-day period provided herein shall relieve the Governing Body from the requirements of this subsection. Nothing in this subsection shall be construed as diminishing the application of the provisions of N.J.S.A. 40:55D-32 if there be an official map, or subsection (a) of N.J.S.A. 40:55D-62 to any zoning ordinance or any amendment or revision thereto.
The Governing Body may by ordinance provide for the reference of any matter or class of matters to the Land Use Board before final action thereon by the Governing Body or municipal officer having final authority thereon. Whenever the Land Use Board shall have made a recommendation regarding a matter authorized by this subsection to another municipal body, such recommendation may be rejected only by a A majority of the full authorized membership of such other body.
[Ord. No. 2007-04]
The Land Use Board may be authorized by the Governing Body from time to time to prepare a program of municipal capital improvement projects projected over a term of at least six years, and amendments thereto. Such program may encompass major projects being currently undertaken or future projects to be undertaken, with federal, state, county and other public funds or under federal, state or county supervision. The first year of such programs shall, upon adoption by the Governing Body, constitute the capital budget as required by N.J.S.A. 40A:4-43 et seq. The program shall classify projects in regard to the urgency and need for realization, and shall recommend a time sequence for implementation. The program may also contain the estimated cost of each project and indicate probable operating and maintenance costs and probable revenues, if any, as well as existing sources of funds or the need for additional sources of funds for the implementation and operation of each project. The program shall, as far as possible, be based on existing information in the possession of the departments and agencies of the Township and shall take into account public facility needs indicated by the perspective development shown in the Master Plan or as permitted by other land use controls contained in this Code.
[Ord. No. 2007-04]
The Land Use Board shall have the power to:
a. 
Hear and decide appeals where it is alleged by the appellant that there is error in any order, requirement, decision or refusal made by an Administrative Officer based on, or made in the enforcement of the Zoning Ordinance;
b. 
Hear and decide requests for interpretation of the Zoning Map or ordinance, or for decisions upon other special questions upon which the Board is authorized to pass by any zoning or official map ordinance in accordance with this chapter and the Municipal Land Use Law.
[Ord. No. 2007-04; Ord. No. 2008-11]
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 of its findings on zoning ordinance provisions which were the subject of variance requests and its recommendations for zoning ordinance amendment or revision, if any, as required by § 70-1 of the Municipal Land Use Law. The Board shall send copies of the report and resolution to the Governing Body.