[Amended by Ord. No. 902; Ord. No. 1083; 12-16-2008 by Ord. No. 1372]
There is hereby created in the Borough of Dumont
a Joint Land Use Board of nine members, consisting of the following
classes:
A.
Class I: the Mayor or the Mayor's designee in the
absence of the Mayor.
B.
Class II: one of the officials of the municipality
other than a member of the governing body, to be appointed by the
Mayor; provided that if there be an Environmental Commission, the
member of the Environmental Commission who is also a member of the
Joint Land Use Board.
C.
Class III: a member of the Borough Council to be appointed
by it.
D.
Class IV: six other citizens of the municipality,
to be appointed by the Mayor. Class IV Joint Land Use Board members
shall hold no other office, position or employment in the Borough,
except that one such member may be a trustee of the Dumont Board of
Education.
The Mayor shall appoint a maximum of four alternates
for the Joint Land Use Board, with a term of not more than two years.
No more than two alternate terms shall expire in a given year.
A.
Alternate members of the Joint Land Use Board shall
be designated as "Alternate No. 1," "Alternate No. 2," "Alternate
No. 3" and "Alternate No. 4" by the appointing authority. Vacancies
occurring in the position of Joint Land Use Board alternate other
than by expiration of term shall be filled by the appointing authority
for the unexpired term only.
B.
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. No vote shall be delayed in order
that a regular member may vote instead of an alternate member. If
a choice must be made as to which alternate member is to vote, Alternate
No. 1 shall vote.
A.
The term of a Class I member shall correspond to his
or her official tenure.
B.
The terms of the Class II and Class III members shall
be for one year or terminate at the completion of their respective
terms in office, whichever occurs first.
C.
The term of all Class IV members shall be for four
years, except that the term of a Class IV member who is also a member
of the Board of Education shall terminate whenever he or she is no
longer a member of such other body or at the completion of his or
her Class IV term, whichever occurs first.
D.
The terms of 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 and in no instance shall the terms of the alternate members
first appointed exceed two years.
A.
A vacancy in any class which occurs otherwise than by expiration of the Joint Land Use Board term shall be filled, by appointment, as provided in § 245-1, for the unexpired term.
B.
A vacancy of an alternate member which occurs otherwise than by expiration of term shall be filled, by appointment, as provided in § 245-2, for the unexpired term only.
C.
Except for a Class I member, any class member or alternate
may, after public hearing if requested, be removed by the governing
body for cause.
D.
No member nor alternate member of the Joint Land Use
Board shall be permitted to act on any matter in which he or she has,
either directly or indirectly, any personal interest or financial
interest.
The Joint Land Use Board shall elect a Chairman
and Vice Chairman from the members of Class IV and shall select a
Secretary who may or may not be a member of the Board or a Borough
employee.
There is hereby created the office of Joint
Land Use Board Attorney. The Joint Land Use Board may annually appoint,
fix the compensation of or agree upon the rate of compensation of
the Joint Land Use Board Attorney, who shall be an attorney other
than the Borough Attorney.
The Joint 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.
A.
The Joint Land Use Board is authorized to adopt bylaws
governing its procedural operation. It shall also have the following
powers and duties:
(1)
To make and adopt and, from time to time, 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.
(3)
To approve conditional use applications in accordance with the provisions of Chapter 455, Zoning , of the Code of the Borough pursuant to N.J.S.A. 40:55D-60 et seq.
(4)
To participate in the preparation and review of programs
or plans required by state or federal law or regulations.
(5)
To assemble data on a continuing basis as part of
a continuous planning process.
(6)
To annually prepare a program of municipal capital
improvement projects over a term of six years, and amendments thereto,
and recommend the same to the governing body in accordance with N.J.S.A.
40:55D-29.
(7)
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 Joint
Land Use Board by the Mayor and Council pursuant to the provisions
of N.J.S.A. 40:55D-26b.
(8)
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 the Joint Land Use Board,
variances pursuant to N.J.S.A. 40:55D-60 et seq., from lot area, lot
dimensional, setback and yard requirements. 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.
(9)
To perform such other advisory duties as are assigned
to it by ordinance or resolution of the governing body for the aid
and assistance of the governing body or other agencies or officers.
B.
The created Joint Land Use Board shall exercise, to
the same extent and subject to the same restrictions, all powers of
a board of adjustment, with the exception that the Class I and 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.
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 Joint Land Use Board or within such further
time as may be consented to by the applicant. Approval of a minor
subdivision shall expire 190 days from the date of Joint Land Use
Board approval, unless within such period a plat in conformity with
such approval and the provisions of the Map Filing Law or a deed clearly
describing the approved minor subdivision is filed by the developer
with the county recording officer, the Municipal Engineer and the
Municipal Tax Assessor. Any such plat or deed must be signed by the
Chairman and Secretary of the Joint Land Use Board before it will
be accepted for filing by the county recording officer.
B.
Minor site plan. Minor site plan approval shall be
granted or denied within 45 days of the date of submission of a complete
application to the administrative officer or the Joint Land Use Board,
as the case may be, or within such further time as may be consented
to by the applicant. The failure of the Joint Land Use Board to act
within the prescribed period shall constitute a granting of the minor
site plan approval. The zoning requirements and general terms and
conditions, whether conditional or otherwise, upon which minor site
plan approval was granted shall not be changed for a period of two
years from the date of such minor site plan approval.
C.
Preliminary approval major subdivisions. Upon submission
of a complete application for a subdivision of 10 or fewer lots, the
Joint 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 Joint 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 Joint Land Use Board
shall be deemed to have granted preliminary approval for the subdivision.
In the event the application for preliminary major subdivision approval
is found to be incomplete, the developer shall be notified, in writing,
of such deficiencies therein by the Board or the Board's designee
for the determination of completeness within 45 days of submission
of such application or it shall be deemed to be properly submitted.
D.
Ancillary powers. Whenever the Joint Land Use Board
is called upon to exercise its ancillary powers before the granting
of a variance as set forth in § 245-8H of this chapter,
the Joint 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 Joint Land Use Board to act within the period prescribed
shall constitute approval of the application, and a certificate of
the administrative officer as to the failure of the Joint Land Use
Board to act shall be issued on request of the applicant.
E.
Final approval. 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. 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 county
recording officer. The Joint Land Use Board may, for good cause shown,
extend the period for recording for an additional period not to exceed
190 days from the date of signing of the plat.
[Amended 1-20-2009 by Ord. No. 1374]
Application for development or appeals from administrative determinations under Chapter 455, Zoning, shall be filed with the Board Secretary, on a form to be promulgated and prescribed by the Borough Building Department. The applicant shall file, at least 14 days prior to the date of the meeting of the Board at which the application is scheduled to be heard, no less than 16 copies of the application, together with such sketch, plat, subdivision, floor plans, architectural drawings and/or site plan maps or any other papers deemed necessary, as the circumstances may require. At the time of the filing of the application, but in no event less than 10 days prior to the date set for the hearing, the applicant shall also file all plat plans, maps or other papers required by virtue of any provision of this chapter, or any rule of the Board. The applicant shall obtain all necessary application forms from the Board Secretary. 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 Mayor may appoint one or more persons as
a Citizens' Advisory Committee to assist or collaborate with the Joint
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.
[Amended 1-20-2009 by Ord. No. 1374]
The Board shall adopt such rules and regulations
as may be necessary to carry into effect the provisions and purposes
of this article. 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.[1]
[1]
Editor's Note: Original Art. 2, Zoning Board
of Adjustment, as added by Ord. No. 1044 and amended by Ord. No. 1083,
which immediately followed this section, was repealed 12-16-2008 by
Ord. No. 1372.
