[Amended 3-3-1981 by Ord. No. 0:81-2; 12-7-1993 by Ord. No. 0:93-14; 10-3-2000 by Ord. No. 0:00-4]
There is hereby established pursuant to P.L. 1975, c. 291,[1] in the Township of Harmony, Warren County, New Jersey, a Land Use Board of nine members consisting of the following four classes:
A. 
Class I: the Mayor.
B. 
Class II: one of the officials of the Township other than a member of the Township Committee 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 if there is a member of the Board of Education among the Class IV members or alternate members.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
C. 
Class III: a member of the Township Committee appointed by it.
D. 
Class IV: seven other citizens of the municipality, (six if there is a Class III member) to be appointed by the Mayor. The members of Class IV shall hold no other municipal office, except that one 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 unless there be among the Class IV members or alternate members of the Land Use Board a member of the Board of Education, in which case the member of the Environmental Commission shall be deemed to be the Class II member of the Land Use Board.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
E. 
Four alternate members, who shall meet the qualifications of Class IV members of nine-member Land Use Boards, may be appointed by the Mayor. The alternate members shall be designated at the time of their appointment by the Mayor as "Alternate #1," "Alternate #2," "Alternate #3," and "Alternate #4."
[Amended 8-7-2001 by Ord. No. 01-8]
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
A. 
The term of the member composing Class I shall correspond with his official tenure.
B. 
The term of the member composing Class II shall be for one year or terminate at the completion of his respective term 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 of office as a member of the Environmental Commission, whichever occurs first.
C. 
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 such other body Board or at the completion of his Class IV term, whichever occurs first. The terms of all Class IV members first appointed pursuant to this chapter shall be so determined that, to the greatest practicable extent, the expiration of such terms shall be evenly distributed over the first four years after their appointment, provided that the initial Class IV term of no member shall exceed four years. Thereafter, the Class IV term of each such member shall be four years.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
D. 
Alternate members.
[Added 8-7-2001 by Ord. No. 01-8]
(1) 
The terms of the alternate members shall be for two years, except that the term of not more than two alternate members shall expire in any one year; and provided further that in no instance shall the terms of the alternate members first appointment exceed two years. A vacancy occurring otherwise than by expiration of term shall be filled by the Mayor for the unexpired term only. Nothing herein shall affect the term of any present member of the Land Use Board, all of whom shall continue in office until the completion of the term for which they were appointed. All terms shall run from January 1 of the year in which the appointment was made.
(2) 
No alternate member shall be permitted to act upon 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 he or she requests one, be removed by the Township Committee for cause.
(3) 
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 as established by ordinance of the Township Committee. 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 #1 shall vote.
E. 
Nothing herein shall affect the term of any present member of the Land Use Board, all of whom shall continue in office until the completion of the term for which they were appointed.
F. 
All terms shall run from January 1 of the year in which the appointment was made.
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, after a public hearing if he requests one, may be removed by the governing body for cause.
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 Township employee designated by it.
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 Township Attorney.
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 governing body for its use.
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 of 1953 (N.J.S.A. 2A:67A-1 et seq.) shall apply. It shall also have the following powers and duties:
A. 
To make and 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 relation to the planning of the Township, in accordance with the provisions of N.J.S.A. 40:55D-28.
B. 
To administer the provisions of the Land Subdivision Ordinance and Site Plan Review Ordinance of the municipality[1] in accordance with the provisions of said ordinances and the Municipal Land Use Law, P.L. 1975, c. 291, N.J.S.A. 40:55D-37 et seq.
[1]
Editor's Note: See Ch. 425, Subdivision of Land, and Ch. 376, Site Plan Review, respectively.
C. 
To approve conditional use applications in accordance with the provisions of the Zoning Ordinance[2] pursuant to N.J.S.A. 40:55D-67.
[2]
Editor's Note: See Ch. 525, Zoning.
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 Township capital improvement projects projected over a term of at least six years, and amendments thereto and recommend the same to the governing body.
G. 
To consider and make report to the governing body 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 governing body, pursuant to the provisions of N.J.S.A. 40:55D-26b.
H. 
Ancillary powers.
(1) 
When reviewing applications for approval of subdivision plats, site plans or conditional uses, to grant:
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(a) 
Variances pursuant to Subsection 57c of P.L. 1975, c. 291,[3] from lot area, lot dimensional setback and yard requirements, provided that such relief from lot area requirements shall not be granted for more than one lot.
[3]
Editor's Note: See N.J.S.A. 40:55D-70c.
(b) 
Direction pursuant to Section 25 of said Act[4] for issuance of permit for building or structure in the bed of a mapped street or public drainageway, flood control basin or public area reserved pursuant to Section 23 of said Act.[5]
[4]
Editor's Note: See N.J.S.A. 40:55D-34.
[5]
Editor's Note: See N.J.S.A. 40:55D-32.
(c) 
Direction pursuant to Section 27 of said Act[6] issuance of a permit for a building or structure not related to a street.
[6]
Editor's Note: See N.J.S.A. 40:55D-36.
(2) 
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 directions 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 Township Committee for the aid and assistance of the Township Committee or other agencies or officers.
A. 
Minor subdivisions. Minor subdivision approvals shall be granted or denied within 45 days of the date of submission of a complete application to the Land Use Board or within such further time as may be consented to by the applicant. Otherwise, the Land Use Board shall be deemed to have granted approval of the subdivision, and a certificate to that effect shall be issued by the Harmony Township Clerk, upon request of the applicant. Approval of a minor subdivision shall expire 190 days from the date of Land Use Board approval unless within such period a plat in conformity with such approval and the provisions of the "Map Filing Law" [P.L. 1968, c. 141 (N.J.S.A. 46:23-9.9 et seq.)], or deed clearly and accurately describing the approved minor subdivision, is filed by the developer with the Warren County Clerk, the Harmony Township Engineer and the Harmony Township Tax Assessor. Any such plat or deed must be signed by the Chairman and Secretary of the Land Use Board before it will be accepted for filing by the Warren County Clerk.
B. 
Preliminary approval, major subdivisions. Upon submission of a complete application for a subdivision of 10 or fewer lots, the Land Use Board shall grant or deny preliminary approval within 45 days of the date of such submission or within such further time as may be consented to by the developer. Upon submission of a complete application for a subdivision of more than 10 lots, the Land Use Board shall grant or deny preliminary approval within 95 days of the date of such submission or within such further time as may be consented to by the developer. Otherwise, the Land Use Board shall be deemed to have granted preliminary approval for the subdivision.
C. 
Ancillary powers. Whenever the Land Use Board is called upon to exercise its ancillary powers before the granting of a variance as set forth in § 280-9H of this chapter, the Land Use Board shall grant or deny approval of the application within 95 days after submission by the developer of a complete application or within such further time as may be consented to by the applicant. Failure of the Land Use Board to act within the period prescribed shall constitute an approval of the application and a certificate of the Harmony Township Clerk as to the failure of the Land Use Board to act shall be issued on request of the applicant.
D. 
Final approval.
(1) 
Application for final subdivision approval shall be granted or denied within 45 days of submission of a complete application or within such further time as may be consented to by the applicant.
(2) 
Final approval of a major subdivision shall expire 95 days from the date of signing of the plat unless within such period the plat shall have been duly filed by the developer with the Warren County Clerk. The Land Use Board may, for good cause shown, exceed the period of recording for an additional period not to exceed 190 days from the date of signing of the plat.
E. 
Incomplete applications. If the application for development is found to be incomplete, the developer shall be notified thereof within 45 days of submission of such application or it shall be deemed to be properly submitted.
[Amended 2-10-2015 by Ord. No. 15-2; 6-1-2021 by Ord. No. 21-6]
Applications for development within the jurisdiction of the Land Use Board pursuant to the provisions of P.L. 1975, c. 291,[1] shall be filed with the Secretary of the Land Use Board. The applicant shall file at least 30 days before the date of the regular monthly meeting of the Board 16 copies of a sketch plat and one digital copy; 16 copies of applications for minor subdivision approval and one digital copy; 16 copies of an application for major subdivision approval and one digital copy or 16 copies of an application for site plan review, conditional use approval or planned development and one digital copy. At the time of filing the application, but in no event less than 10 days prior to the date set for hearing, the applicant shall also file all plot plans, maps or other papers required by virtue of any provisions of this or any other chapter or any rule of the Land Use Board. The applicant shall obtain all necessary forms from the Secretary of the Land Use Board. The Secretary of the Board shall inform the applicant of the steps to be taken to initiate applications and of the regular meeting dates of the Board. The Board shall not conduct a hearing on any application until it has been determined that a complete application has been submitted.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
[Added 12-6-2005 by Ord. No. 05-21]
In accordance with the provisions of the Municipal Land Use Law, particularly N.J.S.A. 40:55D-10.1, any person intending to prepare and submit a formal application for development shall be granted an informal review of a concept plan for the development for which the subsequent formal plan is intended to be submitted. An application for informal review shall be completed and transmitted to the Land Use Board Secretary at least 21 days before the date of the meeting at which the request is sought to be placed on the agenda; provided, however, that for good cause shown the Land Use Board, acting through its Chairman, may reduce the advance filing requirement of 21 days to no less than 10 days. Such application shall be accompanied by a survey, if available; a copy of the tax map showing the subject property; and a sketch, which may be prepared by the applicant, showing the development proposal, including the existing or proposed structures and other improvements, with sufficient detail so as to enable the Board to conduct an informed discussion. Such application shall be accompanied by a fee in the amount of $200, which shall be nonrefundable. The informal discussion shall be allotted not in excess of 20 minutes on the agenda. Any additional appearance before the Board on the same or substantially similar development proposal shall be solely at the discretion of the Board and shall be accompanied by an additional fee in such amount as the Board determines to be reasonable, considering the necessity of Board Attorney or Board Engineer review and participation; provided, however, that if the applicant for informal review is requested by the Land Use Board to make a subsequent appearance, said (subsequent appearance) fee shall be waivable in the discretion of the Board.
A. 
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.
B. 
Whenever the Environmental Commission has prepared and submitted to the Land Use Board an index of the natural resources of the Township, the Land Use Board shall make available to the Environmental Commission an informational copy of every application for development to the Land Use Board. Failure of the Land Use Board to make such informational copy available to the Environmental Commission shall not invalidate any hearing or proceeding.[1]
[1]
Editor's Note: Original Art. III, Zoning Board of Adjustment, as amended, of the 1990 Code, which immediately followed this article, was repealed 2-6-1996 by Ord. No. 0:96-3. This ordinance also provided that "all of the powers and duties as heretofore conferred upon the Zoning Board of Adjustment are hereby transferred to and shall be exercised by the Land Use Board, which shall exercise said powers to the same extent and subject to the same restrictions applicable to the Board of Adjustment."