[Amended 12-13-2012 by Ord. No. 26-12]
A.
There is hereby established in the Borough of Rockaway,
pursuant to N.J.S.A. 40:55D-23, a board, entitled the "Borough of
Rockaway Land Use Board," of nine members consisting of the following
four 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 municipality other than a member of
the governing body, to be appointed by the Mayor.
(3)
Class
III: A member of the Borough Council to be appointed by said Council.
(4)
Class
IV: Other citizens of the municipality, to be appointed by the Mayor.
B.
The Mayor shall have the authority to appoint up to
four alternate members who shall meet the qualifications of Class
IV members and shall be designated at the time of appointment as Alternates
No. 1 through 4. Alternate members may participate in discussions
of the Board proceedings but may not vote, except in the absence or
disqualification of a regular member of any class.
A.
The term of the member composing Class I shall correspond
to 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, 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. The term of a Class IV member
who is also a member of the Land Use Board or Board of Education shall
terminate whenever he is no longer a member of such other body or
at the completion of his Class IV term, 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 Land Use Board term, it
shall be filled by appointment, as above provided, for the unexpired
term.
B.
No member of the Land Use Board shall be permitted
to act on any matter in which he has, either directly or indirectly,
any personal or financial interest. Any member other than a Class
I member, after a public hearing if he or she requests one, may be
removed by the Mayor and Council for cause.
A.
There shall be four alternate members of the Land
Use Board. Alternate members shall be appointed by the appointing
authority for Class IV members and shall meet the qualifications of
Class IV members of nine-member planning boards. Alternate members
shall be designated at the time of appointment by the Mayor as "Alternate
No. 1," "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 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 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 or she requests one, be removed by the Mayor and Council for
cause.
C.
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. In
the event that a choice must be made as to which alternate member
is to vote, Alternate No. 1 shall vote.
A.
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 municipal employee designated
by it.
B.
Land Use Board Attorney. 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 Municipal Attorney.
C.
Experts and staff. 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 Mayor and Borough
Council for its use.
A.
The Land Use Board shall have and exercise all of
the powers, duties and procedures prescribed or necessarily implied
by the Municipal Land Use Law[1] for planning boards and shall have further powers, duties
and procedures prescribed by ordinance adopted pursuant to the Municipal
Land Use Law.
[1]
Editor’s Note: See N.J.S.A. 40:55D-1 et seq.
B.
In addition to the powers set forth in Subsection A, the Land Use Board shall exercise, to the same extent and subject to the same restrictions, all of the powers of a board of adjustment, but the Class I and the Class III members shall not participate in the consideration of applications for development which involve relief pursuant to Subsection (d) of N.J.S.A. 40:55D-70.
Ancillary powers of the Land Use Board shall
include:
A.
When reviewing applications for approval of subdivision
plats, site plans or conditional uses, to grant:
(1)
Variances pursuant to N.J.S.A. 40:55D-70c.
(2)
Direction, pursuant to N.J.S.A. 40:55D-34, for issuance
of a permit for a building or structure in the bed of a mapped street
or public drainageway, flood control basin or public area reserved
pursuant to N.J.S.A. 40:55D-32.
(3)
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.
B.
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.
A.
Prior to the adoption of a development regulation,
revision or amendment thereto, the Land Use Board shall make and transmit
to the Mayor and Borough Council, within 35 days after referral, a
report including identification of any provisions in the proposed
development regulation, revision or amendment which are inconsistent
with the Master Plan and recommendations concerning these inconsistencies
and any other matters as the Board deems appropriate. The Mayor and
Borough Council, when considering the adoption of a development regulation,
revision or amendment thereto, 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 recommendation. Failure
of the Land Use Board to transmit its report within the thirty-five-day
period provided herein shall relieve the Mayor and Borough Council
from the requirements of this subsection in regard to the proposed
development regulation, revision or amendment thereto referred to
the Land Use Board.
B.
The Mayor and Borough Council may by ordinance provide
for the reference of any matter or class of matters to the Land Use
Board before final action thereon by a municipal body or municipal
officer having final authority thereon. Whenever the Land Use Board
shall have made a recommendation regarding a matter authorized by
this act to another municipal body, such recommendation may be rejected
only by a majority of the full authorized membership of such other
body.
A.
After the appointment of a Land Use Board, 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 municipality, the Land Use Board shall make available to the
Environmental Commission an informational copy of every application
for development submitted to either board. Failure of the Land Use
Board to make such informational copy available to the Environmental
Commission shall not invalidate any hearing or proceeding.
A.
The Land Use Board when acting upon applications for
preliminary or minor subdivision approval shall have the power to
grant such exceptions from the requirements for subdivision approval
as may be reasonable and within the general purpose and intent of
the provisions for subdivision review and approval of an ordinance
adopted pursuant to this article, if the literal enforcement of one
or more provisions of the ordinance is impracticable or will exact
undue hardship because of peculiar conditions pertaining to the land
in question.
B.
The Land Use Board when acting upon applications for
preliminary site plan approval shall have the power to grant such
exceptions from the requirements for site plan approval as may be
reasonable and within the general purpose and intent of the provisions
for site plan review and approval of an ordinance adopted pursuant
to this article, if the literal enforcement of one or more provisions
of the ordinance is impracticable or will exact undue hardship because
of peculiar conditions pertaining to the land in question.
C.
The Land Use Board shall have the power to review
and approve or deny conditional uses or site plans simultaneously
with review for subdivision approval without the developer being required
to make further application to the Land Use Board or the Land Use
Board being required to hold further hearings. The longest time period
for action by the Land Use Board, whether it be for subdivision, conditional
use or site plan approval, shall apply. Whenever approval of a conditional
use is requested by the developer pursuant to this subsection, notice
of the hearing on the plat shall include reference to the request
for such conditional use.
The Secretary of the Land Use Board shall distribute
the applications, plans and other supporting documents for site plan,
subdivision and conditional use applications and related variances
for review and report, and where required, approval by Borough officials
as follows:
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Official Distribution of Documents
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Municipal Development Ordinance
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Sketch Plat/
Concept Plan
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Minor/Major
Preliminary Plat
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Preliminary/
Final Site Plan
|
Minor/Major
Final Plat
|
|
Engineer
|
Engineer
|
Engineer
|
Engineer
|
Engineer
|
|
Planner
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Planner
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Planner
|
Planner
|
Planner
|
|
Building Inspector
|
Building Inspector
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Building Inspector
|
Building Inspector
|
|
County Planning Board
|
County Planning Board
|
County Planning Board
|
County Planning Board
|
County Planning Board
|
|
Land Use Board Attorney
|
Land Use Board Attorney
|
Land Use Board Attorney
|
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Health Officer
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Health Officer
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Health Officer
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Health Officer
|
Health Officer
|
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Chief of Police
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Chief of Police
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Chief of Police
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Chief of Police
|
Chief of Police
|
|
Fire Official
|
Fire Official
|
Fire Official
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Borough Utility Authority
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Borough Utility Authority
|
Borough Utility Authority
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Other NJDOT adjoining Municipality
NJDCA
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Other NJDOT adjoining Municipality
NJDCA
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