[1975 Code § 13-2.1; Ord. No. 1-95 §§ 1, 3]
a.
There is hereby established pursuant to the provisions of N.J.S.A.
40:55D-25 in the Borough of South Toms River, a Planning Board which
shall be known as the Land Use Board of nine members consisting of
the following four classes:
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Class I
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The Mayor who shall not participate in the consideration of
applications for development which involve relief pursuant to N.J.S.A.
40:55D-70(d)
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Class II
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One of the Officials of the Borough other than a member of the
Borough Council to be appointed by the Mayor; provided that if there
is an Environmental Commission, the member of the Environmental Commission,
who is also a member of the Land Use Board as required by N.J.S.A.
40:56A-1, shall be deemed to be the Class II Land Use Board member
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Class III
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One of the Council members to be appointed by the governing
body. However, the Class III member shall not participate in the consideration
of applications for development which involve relief under N.J.S.A.
40:55D-70(d).
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Class IV
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Six other citizens of the Borough to be appointed by the Mayor.
The members of Class IV shall hold no other Municipal office except
that 1 member may be a member of the Board of Education. A member
of the Environmental Commission who is also a member of the Land Use
Board as required by N.J.S.A. 40:56A-1, shall be a Class IV Land Use
Board member.
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b.
Alternate Member of the Land Use Board. There are hereby established
two alternate members to the Land Use Board. The alternate members
shall be appointed by the Mayor and shall meet the qualifications
of Class IV members of the Board. The alternate members shall be designated
at the time of the Mayor's appointment as "Alternate #1" and "Alternate
#2." The terms of the alternate members shall be for two years, except
that the terms to 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 in no instance shall the terms of the alternate
members first appointed exceed two years. A vacancy occurring otherwise
than by expiration of the terms, shall be filled by the Mayor for
the unexpired term only. No alternate member shall be permitted to
act on any matter in which he has either directly or indirectly any
personal or financial interest. An alternate member may, after public
hearing if he requests one, be removed by the governing body for cause.
Alternate members may participate in discussions of the proceedings
but not in the deliberation and voting process, unless there exists
a need to have the alternate member(s) participate because of an absence
by a regular Land Use Board member(s).
[1975 Code § 13-2.2]
The term of the member composing Class I shall correspond with
his 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.
All Class IV members shall be appointed for terms of four years
except as otherwise herein provided. All terms shall run from January
1 of the year in which the appointment was made.
[1975 Code § 13-2.3]
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.
[1975 Code § 13-2.4]
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 Borough employee designated by
it.
[1975 Code § 13-2.5]
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 Borough Attorney.
[1975 Code § 13-2.6]
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 Borough Council for its use.
[1975 Code § 13-2.7; Ord. No. 1-95 § 4]
The Board shall adopt such rules and regulations as may be necessary
to carry into effect the provisions and purposes of this chapter.
In the issuance of subpoenas, administration of oaths and taking of
testimony, the provisions of the County and Municipal Investigations
Law, N.J.S.A. 2A:67A-1 et seq., shall apply. It shall also have the
following powers and duties.
a.
To make, adopt and amend a master plan for the physical development
of the Borough including any areas outside its boundaries, which in
the Board's judgment bear essential relation to the planning of the
Borough in accordance with the provisions of N.J.S.A. 40:55D-28.
b.
To administer the provisions of the Land Subdivision and Site Plan
Review regulations of the Borough in accordance with the provisions
of this chapter and the Municipal Land Use Law, N.J.S.A. 40:55D-1
et seq.
c.
To approve conditional use applications in accordance with the provisions
of this chapter pursuant to N.J.S.A. 40:55D-67.
d.
To participate in the preparation and review of programs or plans
required by State or Federal law or regulations.
e.
To assemble data on a continuing basis as part of a continuous planning
process.
f.
To annually prepare a program of Borough capital improvement projects
projected over a term of six years, and amendments thereto, and recommend
same to the Borough Council.
g.
To consider and make report to the Borough Council 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-26a, and also
pass upon other matters specifically referred to the Land Use Board
by the Borough Council, pursuant to the provisions of N.J.S.A. 40:55D-26b.
h.
When reviewing applications for approval of subdivision plats, site
plans or conditional uses, to grant to the same extent and subject
to the same restrictions as permitted by the former Zoning Board of
Adjustment.
1.
Variances pursuant to N.J.S.A. 40:55D-70, from lot area, lot dimensional
set back and yard requirements; provided that such relief from lot
area requirements shall not be granted for more than one lot.
Whenever relief is requested pursuant to this subsection, notice
of a hearing on the application for development shall include reference
to the request for a variance or direction for issuance of a permit
as the case may be.
i.
To perform such other advisory duties as are assigned to it by ordinance
or resolution of the Borough Council for the aid and assistance of
the Borough Council or other agencies or officers.
j.
The Land Use Board shall have those powers and follow those procedures
as previously set forth in this section entitled Zoning Board of Adjustment,
throughout those sections, and any current reference to "Zoning Board
of Adjustment" should now read "Land Use Board."
[1975 Code § 13-2.8]
The Mayor may appoint one or more persons as a Citizens Advisory
Committee to assist or collaborate with the Land Use Board in its
duties, but such person or persons shall have no power to vote or
take other action required of the Board. Such person or persons shall
serve at the pleasure of the Mayor.
[1975 Code § 13-2.13]
a.
The powers of the Land Use Board shall be in accordance with N.J.S.A.
40:55D-70 et seq. and with the provisions of this chapter.
b.
It is further the intent of this chapter to confer upon the Land
Use Board as full and complete powers as may lawfully be conferred
upon such Board, including, not by way of limitation, the authority,
in connection with any case, action or proceeding before the Board,
to interpret and construe the provisions of this section, or any term,
clause, sentence or word hereof, and the Zoning Map, in accordance
with the general rules of construction, applicable to the legislative
enactments.
c.
The Board may, in appropriate cases and subject to appropriate conditions
and safeguards, grant variances from the terms of this chapter in
accordance with the general or specific rules contained herein, and
with the general rules hereby laid down that equity shall be done
in cases where the strict construction of the provisions of this chapter
would work undue hardship. The powers and duties of the Board having
been delegated to and imposed upon it by statute, the Board shall
in all cases follow the provisions applicable to it in N.J.S.A. 40:55D-1
et seq. and it shall furnish to any person requesting the same a copy
of its rules and information as to how appeals or applications may
properly be filed with the Board for its decision thereon.
[1975 Code § 13-2.14]
Any variance from the terms of this chapter hereafter granted
by the Land Use Board permitting the erection or alteration of any
structure or structures, or permitting a specified use of any premises
shall expire by limitation unless such construction or alteration
shall have been actually commenced on each and every structure permitted
by the variance, or unless such permitted use has actually been commenced
within 18 months from the date of publication of the notice of the
judgment or determination of the Land Use Board; except however, that
the running of the period of limitation herein provided shall be tolled
from the date of filing an appeal from the decision of the Land Use
Board to the Borough Council, or to a court of competent jurisdiction,
until the termination in any manner of such appeal or proceeding.
[1975 Code § 13-2.15; N.J.S.A. 40:55D-70]
The Land Use Board shall have such powers as are granted by
law 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 official or agency based on or made in the enforcement
of the zoning ordinance.
b.
Hear and decide requests for interpretation of the map or zoning
ordinance, or for decisions upon other special questions upon which
the Board is authorized by the zoning ordinance to pass.
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 ordinance would result in peculiar and
exceptional practical difficulties to, or exceptional and undue hardship
upon the owner of such property, to grant upon an application or an
appeal relating to such property, a variance from such strict application,
so as to relieve such difficulties or hardship, provided, however
that no variance shall be granted under this paragraph to allow a
structure or use in a district restricted against such structure or
use; and further provided 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 Planning Board shall review a request
for a variance pursuant to N.J.S.A. 40:55D-60.
d.
Grant a variance to allow a structure or use in a district restricted
against such structure or use in particular cases and for special
reasons, but only by the affirmative vote of at least two-thirds of
the full authorized membership of the Board.
No variance or other relief may be granted under the provisions
of this subsection 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 subsection 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.
[1975 Code § 13-2.16]
The Land Use Board shall in addition to the powers specified in subsection 26-2.13 have power given by law to:
a.
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 drainageway,
flood control basin or public area reserved on the Official Map.
b.
Direct issuance of a permit pursuant to N.J.S.A. 40:55D-36 for a
building or structure not related to a street.
The Land Use Board acting as the Zoning Board of Adjustment
shall have the power to grant to the same extent and subject to the
same restrictions as the Land Use Board subdivision or site plan approval
pursuant to Article 6 of C. 291, P.L. 1975, N.J.S.A. 40:55D-1 et seq.,
or conditional use approval pursuant to N.J.S.A. 40:55D-67 whenever
the Board is reviewing an application for approval of a use variance.
[1975 Code § 13-2.17]
No member of the Land Use Board shall act on any matter in which
he has either directly or indirectly any personal or financial interest.
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 matter nor participate in any discussion or decision
relating thereto.
