[Amended 10-21-1993 by Ord. No. 93-11; 5-15-1997 by Ord. No.
97-4]
A.
There is hereby established, pursuant to N.J.S.A.
40:55D-23, a 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 governing body, to be appointed
by it.
(4)
Class IV: other citizens of the Municipality, to be
appointed by the Mayor.
B.
The Mayor shall have the authority to appoint two
alternate members, which said members shall meet the qualifications
of Class IV members and shall be designated at the time of appointment
as “Alternative No. 1” and “Alternative No. 2.”
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.
[Amended 5-15-1997 by Ord. No. 97-4]
A.
The terms of the Class I member shall correspond to
the Mayor's office tenure or, if the member is the Mayor's designee
in the absence of the Mayor, the designee shall serve at the pleasure
of the Mayor during the Mayor's official tenure.
B.
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 comes first, except for a Class
II member who is also a member of the Environmental Commission. The
term of a Class II or a Class IV member who is also a member of the
Environmental Commission shall be for three years or terminate at
the completion of tenure 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 that member is
no longer a member of that Board or the completion of his Class IV
term, whichever occurs first. The initial terms of all Class IV members
first appointed shall be staggered to distribute the expiration of
those terms evenly over the first four years after their appointments.
Thereafter, all Class IV members shall have four-year terms.
D.
The term of an alternate member shall be for two years,
and not more than one alternate member's term shall expire in any
given year.
E.
The terms of all members shall commence 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.
The 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 Board or a municipal employee designated by it.
There is hereby created the office of Land Use
Board Attorney. The Board may annually appoint and 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.
The 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.
[Amended 5-15-1997 by Ord. No. 97-4]
A.
The Land Use Board hereby created shall have and exercise
all the powers, duties and procedures prescribed by the Municipal
Land Use Law[1] for planning boards, or necessarily implied therefrom,
and shall have further powers, duties and procedures prescribed by
ordinance adopted pursuant to options permitted by 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 herein, the Land Use Board shall exercise, to the same extent and subject to the same restrictions, all 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.[2]
[2]
Editor's Note: Former Art. II, Zoning Board
of Adjustment, as amended, which previously followed this section,
was repealed 5-15-1997 by Ord. No. 97-4.
