[Amended 10-20-1981 by Ord. No. 1981-7; 2-27-1992 by Ord. No. 1992-3; 3-5-2020 by Ord. No. 2020-5]
There is hereby established pursuant to c. 291,
P.L. 1975,[1] in the Township of Mansfield, a Consolidated Land Use
Board of Mansfield Township of seven members consisting of the following
classes:
A.
Class I: 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.
C.
Class III: a member of the governing body to be appointed
by it.
D.
Class IV: other citizens of the municipality to be
appointed by the Mayor, the number of which shall bring the total
membership to seven.
E.
Alternate members: four in number, meeting the qualifications
of Class IV members.
(1)
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 Alternate No. 1 and Alternate
No. 2 shall be for two years, and the terms of Alternate No. 3 and
Alternate No. 4 shall be for one year. A vacancy occurring otherwise
than by expiration of term shall be filled by the appointing authority
for the unexpired term only.
(2)
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 requests one,
be removed by the governing body for cause.
(3)
Alternate members may participate in discussions of the proceedings
but may not vote except in the absence or disqualification of a regular
member. When the Consolidated Land Use Board, is sitting as a seven
member Zoning Board of Adjustment, the alternate members may not vote
in place of the Class I and Class III members who are not permitted
to sit and vote. 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 first, then Alternate No. 2, then Alternate No. 3
and finally Alternate No. 4.
F.
If the Consolidated Land Use Board of Mansfield Township
lacks a quorum because any of its regular or alternate members is
prohibited by general law from acting on a matter due to the member's
personal or financial interest therein, regular members of the Consolidated
Land Use Board of Mansfield Township shall be called upon to serve,
for that matter only, as temporary members of the Consolidated Land
Use Board of Mansfield Township in order of seniority of continuous
service to the Consolidated Land Use Board of Mansfield Township until
there are the minimum number of members necessary to constitute a
quorum to act upon the matter without any personal or financial interest
therein, whether direct or indirect. If a choice has to be made between
regular members of equal seniority, the Chairman of the Consolidated
Land Use Board of Mansfield Township shall make the choice.
[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. 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.
B.
The terms of the Class IV members shall be for four
years, except that, with respect to the initial membership, the term
of the first member appointed pursuant to this chapter shall be for
one year, the second for two years, the third for three years and
the fourth and fifth for four years.
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.
[Amended 11-1-2018 by Ord. No. 2018-16; 3-5-2020 by Ord. No. 2020-5]
The Consolidated Land Use Board of Mansfield Township shall elect a Chairman and Vice Chairman from the members of Class IV, select a Secretary who may or may not be a member or alternate member of the Consolidated Land Use Board of Mansfield Township or a municipal employee, and create and fill such other offices as established by ordinance. The Township's Land Use Coordinator shall be the administrative officer of the Board as set forth in § 2-14 of the Code of the Township of Mansfield.
[Amended 3-5-2020 by Ord. No. 2020-5]
There is hereby created the office of Consolidated
Land Use Board of Mansfield Township Attorney. The Consolidated Land
Use Board of Mansfield Township may annually appoint and fix the compensation
of or agree upon the rate of compensation of the Consolidated Land
Use Board of Mansfield Township Attorney who shall be an attorney
other than the Municipal Attorney, subject to the budgetary appropriation
by the governing body.
[Amended 6-25-1992 by Ord. No. 1992-10; 3-5-2020 by Ord. No. 2020-5]
The Consolidated Land Use Board of Mansfield
Township may also employ or contract for the services of experts and
other staff and services as it may deem necessary; provided, however,
that nothing herein shall prevent or preclude the Board from utilizing
the Township's full-time Engineer, any assistants or staff employed
in his office or any other professionals employed by the municipality
so long as there is no conflict of interest or other impediment under
the Township's Code or general law. In the event that the Board employs
or contracts for the services of experts who are not already in the
full-time employ of the municipality, the Board shall not exceed,
exclusive of gifts or grants, the amount appropriated by the governing
body for the Board's use in engaging such experts or other staff and
services as needed.
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 municipality, including any
areas outside its boundaries, which, in the Board's judgment, bear
essential relation to the planning of the municipality, 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, c. 291, P.L. 1975 (N.J.S.A. 40:55D-1 et
seq.). The provisions and procedures for site plan review contained
in § 65-12I[2] of the Code of Mansfield Township shall apply primarily
to preliminary approval only. Thereafter, if preliminary approval
is granted, the applicant shall apply for final approval, incorporating
therein any conditions or requirements imposed by the Consolidated
Land Use Board of Mansfield Township upon preliminary approval.
[Amended 3-5-2020 by Ord. No. 2020-5]
C.
To approve conditional use applications in accordance
with the provisions of the Zoning Ordinance pursuant to N.J.S.A. 40:55D-67.
D.
To participate in the preparation and review of programs
or plans required by statute or federal law or regulations.
E.
To assemble data on a continuing basis as part of
a continuous planning process.
F.
To consider and make a 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 to pass upon such other matters as are referred to it by
ordinance of the governing body, pursuant to the provisions of N.J.S.A.
40:55D-26b.
G.
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 Consolidated Land Use
Board of Mansfield Township, variances pursuant to Section 57c of
c. 291, P.L. 1975, 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. 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.
[Amended 3-5-2020 by Ord. No. 2020-5]
H.
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.
I.
If the Consolidated Land Use Board of Mansfield Township
lacks a quorum because any of its regular or alternate members is
prohibited by general law from acting on a matter due to the member's
personal or financial interests therein, regular members of the Consolidated
Land Use Board of Mansfield Township shall be called upon to serve,
for that matter only, as temporary members of the Consolidated Land
Use Board of Mansfield Township, in order of seniority of continuous
service to the Consolidated Land Use Board of Mansfield Township,
until there is the minimum number of members necessary to constitute
a quorum to act upon the matter without any personal or financial
interest therein, whether direct or indirect. If a choice has to be
made between regular members of equal seniority, the Chairman of the
Consolidated Land Use Board of Mansfield Township shall make the choice.
[Added 8-13-1992 by Ord. No. 1992-12; amended 3-5-2020 by Ord. No. 2020-5]
[Amended 3-5-2020 by Ord. No. 2020-5]
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 Consolidated Land Use Board of Mansfield
Township 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 Consolidated Land Use Board of Mansfield Township approval,
unless within such period a plan 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 plan or deed must be signed by the Chairman
and Secretary of the Consolidated Land Use Board of Mansfield Township
before it will be accepted for filing by the county recording officer.
B.
Preliminary approval of major subdivisions. Upon submission
of a complete application for a subdivision of 10 or fewer lots, the
Consolidated Land Use Board of Mansfield Township 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 Consolidated Land Use Board of Mansfield Township
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 Consolidated Land Use Board of
Mansfield Township shall be deemed to have granted preliminary approval
for the subdivision.
C.
Ancillary powers. Whenever the Consolidated Land Use Board of Mansfield Township is called upon to exercise its ancillary powers before the granting of a variance as set forth in Article I, § 27-7G, of this chapter, the Consolidated Land Use Board of Mansfield Township 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 Consolidated Land Use Board of Mansfield Township 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 Consolidated Land Use Board of Mansfield Township 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 plan shall have been duly filed by the developer with the county
recording officer. The Consolidated Land Use Board of Mansfield Township
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.
