The Joint Land Use Board (the "Board") shall serve as a planning board and a zoning board of adjustment pursuant to the provisions of N.J.S.A. 40:55D-25c and shall be established in accordance with the provisions set forth in N.J.S.A. 40:55D-1 et seq.
[Amended 7-9-2019 by Ord. No. 2019-06[1]]
[1]
Editor's Note: This ordinance also provided that all references in this chapter to the "Planning Board" shall be changed to "Land Development Board" or "Board"; the title was subsequently changed to "Joint Land Use Board" with the 2024 codification.
The Joint Land Use Board shall exercise the powers of a planning board set forth in the provisions of N.J.S.A. 40:55D-25 and the powers of a zoning board of adjustment set forth in the provisions of N.J.S.A. 40:55D-34 and 40:55D-70.
The Joint Land Use 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 of 1953 (N.J.S.A. 2A:67A-1 et seq.) shall apply.
A.
Regular meetings. The Joint Land Use Board, at its annual reorganization meeting, shall determine the dates when it will hold its regular meetings, which shall occur not less than once a month.
B.
Change of regular meeting. Where it becomes necessary during the holidays or for other cause to change the date of a regularly scheduled meeting, the Joint Land Use Board shall, by resolution, provide for an alternate date, causing proper notice to be provided to a newspaper of general circulation within the City.
C.
Special meetings. Special meetings of the Joint Land Use Board will be held at the call of the Chairperson, which call shall conform to the procedures outlined by the Board in its rules and regulations.
D.
Conduct of meeting. The Chairperson or, in his/her absence, a member of the Joint Land Use Board selected at the meeting to be the Acting Chairperson shall, during the meeting of the Board, act as its presiding officer and, in this connection, he/she may administer oaths and compel the attendance of witnesses. The Chairperson shall see that the minutes of the meeting show the vote of each member upon questions or if the member is absent or fails to vote that the minutes reflect this act. The Board shall in addition keep records of its examinations and other official action, all of which shall be immediately filed in the office of the Board and constitute a public record. Specifically, action by the Board in the conduct of its meetings and the holdings of hearings shall conform with the procedural requirements of N.J.S.A. 40:55D-1 et seq.
A.
Appeals to the Joint Land Use Board, which require the Board to invoke its powers as a zoning board of adjustment, may be taken by any interested party affected by any decision of an administrative officer of the City based on or made in the enforcement of this chapter. Such appeal shall be taken within 20 days by filing a notice of appeal with the officer from whom the appeal is taken specifying the grounds of such appeal. The officer from whom the appeal is taken shall immediately transmit to the Joint Land Use Board all the papers constituting the record upon which the action appealed was taken.
B.
Modification on appeal. In exercising its powers as a zoning board of adjustment, the Joint Land Use Board may reverse or affirm, wholly or in part, or may modify the action, order, requirement, decision, interpretation or determination appealed from and to that end have all the powers of the administrative officer from whom the appeal is taken.
C.
Stay of proceedings by appeal. An appeal to the Joint Land Use Board, which requires the Board to invoke its powers as a zoning board of adjustment, shall stay all proceedings in furtherance of the action in respect to which the decision appealed from was made unless the officer from whose action the appeal is taken certifies to the Joint Land Use Board, after the notice of appeal shall have been filed with him, that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed other than by an order of the Superior Court upon notice to the officer from whom the appeal is taken and on due cause shown.
D.
Time for decision. The Joint Land Use Board, acting in the capacity as a zoning board of adjustment, shall render its decision not later than 120 days after the date an appeal is taken from the decision of an administrative offer or after the submission of a complete application for development to the Board pursuant to the provisions of N.J.S.A. 40:55D-72b, or within such further time as may be consented to by the applicant. Failure of the Board to render a decision within such period shall constitute a decision favorable to the applicant. In the event the developer submits separate consecutive applications, pursuant to this chapter, the aforesaid time period shall apply to the application for approval of the variance. The period for granting or denying any subsequent approval shall be as otherwise provided in this chapter. Failure of the Board to render a decision within the prescribed period constitute a decision favorable to the applicant.
E.
Except as otherwise provided by the general ordinances of the City of Beverly, each application made for a variance or appeal shall be accompanied by a fee as provided in the fee schedule set forth in Chapter 260, Fee Schedule, of the Code of the City of Beverly, and payable to the Secretary of the Joint Land Use Board.
F.
Expiration of variance. Any variance from the terms of this chapter hereafter granted by the Joint Land Use Board, functioning in the capacity as a zoning board of adjustment, permitting the erection or alteration of any structure or structures or permitting a specified use of any premises shall expire by the limitation within one year from the date of entry of the judgement or determination of the Joint Land Use Board or, in the case where a variance was granted in conjunction with the approval of a development application for a minor subdivision or site plan, preliminary major subdivision or site plan or a final subdivision or site plan, the expiration period for the variance shall run concurrently with the expiration period for the respective development application, unless the applicable construction permits have been obtained or the permitted use has actually been commenced by that date; 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 Joint Land Use Board to a court of competent jurisdiction until the termination in any manner of such appeal or proceeding.
The Joint Land Use Board may also employ or contract for and fix compensation of such experts and other staff and services as may be necessary, provided that the positions and services are more particularly described within this chapter and funds have been provided for the services to be rendered. The Board shall not authorize expenditures which exceed, exclusive of gifts or grants, the amount appropriated by the governing body for its use. The Board shall specifically have the power to appoint the following positions:
A.
Board Attorney.
(1)
Generally. In accordance with the requirements of law, the Joint Land Use Board shall have the power, right and responsibility to employ an attorney to advise the Board as to its legal rights. Said appointee shall be answerable and responsible to the Board that appoints him. Said attorney shall take action independent of any action taken by the City Solicitor in accordance with the principles of law.
[Amended 7-9-2019 by Ord. No. 2019-06]
(2)
Term. The Board Attorney shall be appointed for a term of one year, commencing on January 1 of the year of appointment and terminating on December 31 of the year of appointment.
(3)
Qualifications. The person appointed Board Attorney shall be a licensed attorney within the State of New Jersey and possess such other qualifications of ability and experience which the Board shall deem necessary to perform the duties of his office.
(4)
Compensation. The Board Attorney shall receive reasonable fees and charges for legal services as fixed by the Common Council of the City of Beverly.
(5)
Duties. The Board Attorney shall be the legal advisor to the Joint Land Use Board and shall prosecute and defend actions by and against the Board.
B.
Administrative officer. The Joint Land Use Board Secretary of the City of Beverly or their designee shall be deemed the administrative officer and shall issue determinations of completeness for applications for development submitted in accordance with N.J.S.A. 40:55D-1 et seq., based on the applicant's submitted application form and accompanying materials and the required items identified on the submission checklists and submission waiver requests. The Joint Land Use Board shall be empowered to waive any deficiency of the land development application with the authority to certify completeness of same, notwithstanding a prior, inconsistent determination by the administrative officer.
[Amended 7-9-2019 by Ord. No. 2019-06]
C.
Board Engineer.
(1)
Generally. In accordance with the requirements of law, the Joint Land Use Board shall have the power, right and responsibility to employ a licensed professional engineer to advise the Board as to engineering matters. Said appointee shall be answerable and responsible to the Board that appoints him. Said Engineer shall take action independent of any action taken by the City Engineer in accordance with the prevailing principles of law.
(2)
Term. The Board Engineer shall be appointed for a term of one year commencing on January 1 of the year of appointment and terminating on December 31 of the year of appointment.
(3)
Qualifications. The person appointed Board Engineer shall be a licensed professional engineer within the State of New Jersey and possess other qualification, ability and experience which the Board shall deem necessary to perform the duties of his office.
(4)
Compensation. The Board Engineer shall receive reasonable fees and charges for engineering services as fixed by the Common Council of the City of Beverly.
(5)
Duties. The Board Engineer shall be the advisor on engineering matters to the Joint Land Use Board. In this connection, he shall review all plans and documents received by the Joint Land Use Board for its action and make specific recommendations concerning said matters.
[Amended 7-9-2019 by Ord. No. 2019-06]