[Amended 11-8-2023 by Ord. No. 2023-09[1]]
[1]
Editor's Note: The introductory provisions of this ordinance
established the Township’s intent to expand the Planning Board
membership and to have said Board exercise the powers of the Zoning
Board of Adjustment. This ordinance further provided that all references
throughout the Code to the “Planning Board” and/or the
“Zoning Board of Adjustment” are amended to read “Land
Development Board."
A.
Regular members. There is hereby established, pursuant to the Municipal
Land Use Law, N.J.S.A. 40:55D-23 and 40:55D-25c(1), a Land Development
Board of nine members and four alternate members, consisting of the
following classes:
(1)
Class I. The Mayor or the Mayor's designee in the absence of
the Mayor.
(2)
Class II. One of the officials of the Township other than a member
of the Council, to be appointed by the Mayor;
(3)
Class III. A member of the Council, appointed by the Council.
(4)
Class IV. Six other citizens of the Township appointed by the Council.
The members of Class IV shall hold no other Township office, position
or employment. One member of the Board of Education may be a Class
IV member of the Land Development Board. For the purpose of this section,
membership on a Township Board or a 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 Township
office.
B.
Alternate members. The Council shall appoint four alternate members,
who shall meet the qualifications of Class IV members. At the time
of their appointment, the Mayor shall designate the alternate members
as "Alternate No. 1" and "Alternate No. 2" etc. Alternate members
may participate in discussions of the proceedings 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. A vacancy occurring otherwise
than by expiration of term shall be filled by the Council for the
unexpired term only. Alternate members may participate in discussions
of the proceedings but may not vote, except in the absence or disqualification
of a regular member of any class. In the event that choice must be
made as to which alternate member is to vote, Alternate No. 1 shall
vote and then in order thereafter.
A.
The term of the member composing Class I shall correspond to the
Class I member's official tenure. The terms of the members composing
Class II shall be for one year or terminate at the completion of their
respective terms of office, whichever occurs first. The term of the
Class III member shall be for one year or the termination of their
office, whichever occurs first. The terms of all Class IV members
first appointed under this chapter shall be so determined that to
the greatest practicable extent the expiration of such terms shall
be distributed evenly 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. If a vacancy in any class shall occur otherwise than
by expiration of the Joint Land Use Board term, it shall be filled
by appointment, as above provided, for the unexpired term.
B.
No member of the Land Development Board shall be permitted to act
on any matter in which the member has, either directly or indirectly,
any personal or financial interest. Any member other than a Class
I member, after a public hearing if the member requests one, may be
removed by the Township Council for cause.
C.
When any hearing before a Land Development Board shall carry over
two or more meetings, a member of the Board who was absent for one
or more of the meetings shall be eligible to, vote on the matter upon
which the hearing was conducted, notwithstanding that members absence
from one or more of the meetings; provided, however, that such Board
member has available to the member a transcript or recording of the
meeting from which the member was absent and certifies, in writing,
to the Board that the member has read such transcript or listened
to such recording.
The Land Development Board shall elect a chairperson and vice
chairperson from the members of Class IV and select a secretary who
may or may not be a member of the Land Development Board or a municipal
employee. It may employ, or contract for, and fix the compensation
of legal counsel, other than the Township Attorney, a planning consultant,
a civil engineer, and other staff and services as it may deem necessary,
not exceeding, exclusive of gifts or grants, the amount appropriated
by the Township Council for its use.
A.
The Land Development Board shall follow the provisions of this chapter
and shall accordingly exercise its power in regard to:
(1)
The Master Plan.
(2)
Subdivision control and site plan review.
(3)
The Official Map.
(5)
Variances and certain building permits in conjunction with subdivision,
site plan and conditional use approval.
(6)
Historic resource preservation.
(7)
The powers of a Land Development Board, pursuant to N.J.S.A. 40:55D-25c,
N.J.S.A. 40:55D-70 and N.J.S.A. 40:55D-76.
B.
The Land Development Board may:
(1)
Participate in the preparation and review of programs or plans required
by state or federal law or regulations;
(2)
Assemble data on a continuing basis as part of a continuous planning
process; and
(3)
Perform such other advisory duties as are assigned to it by ordinance
or resolution of the Township Council for the aid and assistance of
the Township Council or other agencies or officers.
The Township Council and Land Development Board shall adopt
and may amend reasonable rules and regulations not inconsistent with
the Municipal Land Use Law of 1975, P.L. 1975, c. 291, N.J.S.A. 40:55D-1
et seq., or this chapter for the administration of their functions,
powers and duties and shall furnish a copy thereof to any person upon
request and may charge a reasonable fee for such copy. Copies of all
such rules and regulations and amendments thereto shall be maintained
in the office of the Township Clerk.
Notice is required for actions brought before the Land Development
Board pursuant to any subsection of N.J.S.A. 40:55D-70, 40:55D-36
and a site plan or subdivision submission submitted as the second
portion of a bifurcated application connected with a "D" variance.
Any variance granted by the Zoning Board of Adjustment, Planning
Board or, upon its creation, the Land Development Board, pertaining
to the erection or alteration of any structure or structures or permitting
a specified use of any premises shall expire 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 one year from the date of publication
of the notice of the judgment or determination of the Board.
