[Amended in entirety 9-11-2008 by Ord. No. 08-19]
The Planning Board, as heretofore established, shall be and
is hereby continued under the name "Municipal Land Use Board," with
all powers and duties as described herein.
A.
There shall be a nine-member Municipal Land Use Board, the membership
of which shall consist 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 Township 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 Municipal Land Use Board as
required by N.J.S.A. 40:56A-1 shall be deemed to be the Class II Municipal
Land Use Board member for purposes of this section in the event that
there be among the Class IV or alternate members of the Municipal
Land Use Board a member of the Board of Education.
(3)
Class III: A member of the governing body to be appointed by it.
(4)
Class IV: other citizens of the Township, to be appointed by the
Township Council.
(a)
The members of Class IV shall hold no other municipal office,
position or employment except that one such member may be a member
of the Historic Preservation Commission. Not more than one member
of the Board of Education may be a Class IV member of the Municipal
Land Use Board. If and while there is an Environmental Commission,
the member of the Environmental Commission who is also a member of
the Municipal Land Use Board as required by N.J.S.A. 40:56A-1 shall
be a Class IV Municipal Land Use Board member, unless there be among
the Class IV or alternate members of the Municipal Land Use Board
a member of the Historic Preservation Commission and a member of the
Board of Education, in which case the member common to the Municipal
Land Use Board and Environmental Commission shall be deemed a Class
II member of the Municipal Land Use Board. For the purpose of this
section, membership on a Township board or 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
municipal office.
B.
The term of the member composing Class I shall correspond to such
member's official tenure. If such 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. 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 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. To the greatest practicable extent, the expiration of the terms
of all Class IV members shall be distributed so that concurrent term
expirations are avoided, provided that the initial Class IV term for
no member shall exceed four years. After the establishment of the
Board's membership as aforesaid, the Class IV term of each member
shall be four years. If a vacancy in any class shall occur otherwise
than by expiration of the Municipal Land Use Board term, it shall
be filled by appointment, as above provided, for the unexpired term.
C.
No member of the Municipal Land Use Board shall be permitted to act
on any matter in which he or she has, either directly or indirectly,
any personal or financial interest. Any member other than a Class
I member, after a public hearing if requested, may be removed by the
governing body for cause.
D.
The term of appointment of any class of member of the Board appointed
pursuant to this section shall commence on January 1, 2009.
[Amended 2-26-2009 by Ord. No. 09-03]
E.
The Mayor may appoint a designee to serve at his pleasure, provided
a letter of appointment is filed with the Township Clerk. Any person
appointed shall serve until a letter of appointment of another person
is filed with the Township Clerk.
F.
All members of the Board, except the Class II member, shall be municipal
residents.
A.
There shall be four alternate members of the Municipal Land Use Board,
all of whom shall be municipal residents. Alternate members shall
be appointed by the Township Council for Class IV members and shall
meet the qualifications of Class IV members. Alternate members shall
be designated at the time of appointment as "Alternate No. 1" through
"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 two alternate members 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 Township Council for the unexpired term only.
[Amended 2-26-2009 by Ord. No. 09-03; 6-10-2010 by Ord. No. 10-07]
B.
No alternate member shall be permitted to act on any matter in which
he or she has, either directly or indirectly, any personal or financial
interest. An alternate member may, after public hearing if requested,
be removed by the governing body for cause.
C.
Alternate members may participate in all matters 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.
If the Municipal Land Use Board lacks a quorum because any of
its regular or alternate members is prohibited from acting on a matter
due to the member's personal or financial interest therein, the Chairman
of the Municipal Land Use Board shall appoint such persons to serve
as substitute members as may be necessary to constitute a quorum for
that matter only. Any such substitute member shall have the same qualifications
as a Class IV member or the Board.
The Municipal Land Use Board shall elect a Chairman and Vice
Chairman from the members of Class IV, and select a Secretary who
may or may not be a member of the Municipal Land Use Board or a municipal
employee, and create and fill such other offices as established by
ordinance. An alternate member shall not serve as Chairman or Vice
Chairman of the Municipal Land Use Board. The Board shall have legal
counsel pursuant to contract at a fixed rate of compensation, who
shall be an attorney at law of the State of New Jersey, other than
the Municipal Attorney, and who shall be qualified to serve the Municipal
Land Use Board pursuant to Section 1:1-3 of the Rules and Regulations
of the Municipal Land Use Board adopted pursuant to N.J.S.A. 40:55D-8,
as amended. The Board may also appoint a licensed professional engineer
in the State of New Jersey in accordance with Section 1:1-4 of the
Rules and Regulations of the Municipal Land Use Board, who need not
be the Township Engineer. The Board may also appoint or engage a licensed
professional planner in the State of New Jersey pursuant to Section
1:1-5 of the Rules. The Board may also employ, contract for and fix
the compensation of other staff and services as it may deem necessary,
not exceeding, exclusive of gifts or grants, the amount appropriated
by the governing body for its use. The governing body shall make provision
in its budget and appropriate funds for the expenses of the Municipal
Land Use Board.
A.
The Municipal Land Use Board shall follow the provisions of this
Code and the Municipal Land Use Law, and shall accordingly exercise
its powers in regard to:
(1)
The Master Plan;
(2)
Subdivision control and site plan review;
(3)
The Official Map, if there be one;
(4)
The Zoning Ordinance;
(5)
Conditional uses;
(6)
Capital improvements program;
(7)
Variances and certain building permits in conjunction with subdivision,
site plan and conditional use approval.
B.
The Municipal Land Use Board shall also have the following powers
formerly exercised by the Zoning Board of Adjustment:
(1)
Hear and decide appeals where it is alleged by the appellant that
there is error in any order, requirement, decision or refusal made
by an administrative officer based on, or made in the enforcement
of, the Zoning Ordinance.
(2)
Hear and decide requests for interpretation of the Zoning Map or
Ordinance, or for decisions upon other special questions upon which
the Board is authorized to pass by any Zoning or Official Map Ordinance
in accordance with this chapter and the Municipal Land Use Law.
(3)
Variances.
(a)
Where, by reason of exceptional narrowness, shallowness or shape
of a specific piece of property, or by reason of exceptional topographic
conditions or physical features uniquely affecting a specific piece
of property, or by reason of an extraordinary and exceptional situation
uniquely affecting a specific piece of property or the structures
lawfully existing thereon, the strict application of any zoning regulation
would result in peculiar and exceptional practical difficulties to,
or exceptional and undue hardship upon the developer of such property,
grant, upon an application or an appeal relating to such property,
a variance from such strict application of such regulation so as to
relieve such difficulties or hardship;
(b)
Where, in an application or appeal relating to a specific piece of property, the purposes of zoning would be advanced by a deviation from the Zoning Ordinance requirements and the benefits of the deviation would substantially outweigh any detriment, grant a variance to allow departure from such regulations; provided, however, that no variance from those departures enumerated in Subsection D of this section shall be granted under this subsection; and provided further that the proposed development does not require approval by the Planning Board of a subdivision, site plan or conditional use in conjunction with which the Planning Board has power to review a request for a variance pursuant to N.J.S.A. 40:55D-60a.
(4)
In particular cases and for special reasons, grant of a variance
to allow departure from zoning regulations to permit a use or principal
structure in a district restricted against such use or principal structure;
an expansion of a nonconforming use; deviation from a specification
or standard pursuant to N.J.S.A. 40:55D-67 pertaining solely to a
conditional use; an increase in the permitted floor area ratio as
defined in N.J.S.A. 40:55D-4; an increase in the permitted density
as defined in N.J.S.A. 40:55D-4, except as applied to the required
lot area for a lot or lots for detached one- or two-dwelling-unit
buildings, which lot or lots are either an isolated undersized lot
or lots resulting from a minor subdivision; or a height of a principal
structure which exceeds by 10 feet or 10% the maximum height permitted
in the district for a principal structure. A variance under this subsection
shall be granted only by affirmative vote of at least five members.
(6)
No variance or other relief may be granted under the terms of this
section unless such variance or other relief can be granted without
substantial detriment to the public good and will not substantially
impair the intent and the purpose of the zone plan and Zoning Ordinance.
(7)
Direct issuance of a permit pursuant to N.J.S.A. 40:55D-34 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;
(8)
Direct issuance of a permit pursuant to N.J.S.A. 40:55D-36 for a
building or structure not related to a street;
(9)
Hear appeals taken by any interested party affected by any decision
of an administrative officer of the Township based on or made in the
enforcement of the Zoning Ordinance or Official Map; provided, however,
that nothing herein contained shall be construed as to require a developer
to file an application for development with the Board of Adjustment
for action under any of its powers without prior application to an
administrative officer; and
(10)
Hear appeals, pursuant to N.J.S.A. 40:55D-70a, concerning the question of error in any order, requirement, decision or refusal made by the administrative officer pursuant to a report submitted by the Historic Preservation Commission in accordance with Article X.
(11)
Grant, to the same extent and subject to the same restrictions
as the Planning Board, subdivision or site plan approval or conditional
use approval whenever the proposed development requires approval by
the Board of Adjustment of the variance pursuant to Subsection d of
N.J.S.A. 40:55D-70.
(12)
The Municipal Land Use Board shall, at least once a year, review
its decisions on applications and appeals for variances and prepare
and adopt by resolution a report of its findings on Zoning Ordinance
provisions which were the subject of variance requests and its recommendations
for Zoning Ordinance amendment or revision, if any. The Board shall
send copies of the report and resolution to the governing body.
C.
The Municipal Land Use Board may:
(1)
Participate in the review of programs or plans required by state
or federal law or regulation;
(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 governing body for the aid and assistance of
the governing body or other agencies or officers.
D.
Whenever the proposed development requires approval of a subdivision, site plan or conditional use, but not a variance pursuant to Subsection D of N.J.S.A. 40:55D-70, the Municipal Land Use Board shall have the power to grant to the same extent and subject to the same restrictions as the Board of Adjustment:
(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 a structure in the bed of a mapped street or a public
drainageway, flood control basin or public area reserved pursuant
to N.J.S.A. 40:55D-32; and
(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.
E.
Whenever relief is requested pursuant to this section, notice of
the 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. The developer may elect to submit a separate application
requesting approval of the variance or direction of the issuance of
a permit and a subsequent application for any required approval of
a subdivision, site plan or conditional use. The separate approval
of the variance or direction of the issuance of a permit shall be
conditioned upon grant of all required subsequent approvals by the
Municipal Land Use Board. No such subsequent approval shall be granted
unless the approval can be granted without substantial detriment to
the public good and without substantial impairment of the intent and
purpose of the zone plan and Zoning Ordinance.
F.
The Municipal Land Use Board shall have referral power whenever a
development regulation, revision or amendment thereto is proposed.
Prior to the adoption of any such regulation, revision or amendment,
the Municipal Land Use Board shall receive a true copy of the same
as introduced by the governing body, and shall make and transmit to
the governing body, within 35 days after referral, a report including
identification of any provisions in the proposed regulation, revision
or amendment which are inconsistent with the Master Plan, and any
recommendations concerning these inconsistencies and any other matters
as the Board deems appropriate. The governing body, when considering
the adoption of such regulation, revision or amendment, shall review
the report of the Municipal 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 recommendations. The failure of the Municipal Land Use Board
to transmit its report within the thirty-five-day period provided
herein shall relieve the governing body from the requirements of this
subsection. Nothing in this subsection shall be construed as diminishing
the application of the provisions of N.J.S.A. 40:55D-32 if there be
an Official Map, or Subsection a of N.J.S.A. 40:55D-62 to any zoning
ordinance or any amendment or revision thereto.
G.
The governing body may by ordinance provide for the reference of
any matter or class of matters to the Municipal Land Use Board before
final action thereon by the governing body or municipal officer having
final authority thereon except for any matter under the jurisdiction
of the Board of Adjustment. Whenever the Municipal Land Use Board
shall have made a recommendation regarding a matter authorized by
this subsection to another municipal body, such recommendation may
be rejected only by a majority of the full authorized membership of
such other body.
A.
The Municipal Land Use Board may be assisted in its duties by a Citizens'
Advisory Committee, which shall have no power to vote or take other
action required of the Board, and which shall be appointed and serve
at the pleasure of the Mayor.
B.
If the Environmental Commission has prepared and submitted to the
Municipal Land Use Board and to the Board of Adjustment an index of
the natural resources of the Township of Vernon, the Municipal Land
Use Board shall make available to the Environmental Commission an
informational copy of every application for development submitted
to the Board. Failure of the Municipal Land Use Board to make such
informational copy available to the Environmental Commission shall
not invalidate any hearing or proceeding.
A.
The Municipal Land Use Board may be authorized by the governing body
from time to time to prepare a program of municipal capital improvement
projects projected over a term of at least six years, and amendments
thereto. Such program may encompass major projects being currently
undertaken or future projects to be undertaken, with federal, state,
county and other public funds or under federal, state or county supervision.
The first year of such programs shall, upon adoption by the governing
body, constitute the capital budget as required by N.J.S.A. 40A:4-43
et seq. The program shall classify projects in regard to the urgency
and need for realization, and shall recommend a time sequence for
implementation. The program may also contain the estimated cost of
each project and indicate probable operating and maintenance costs
and probable revenues, if any, as well as existing sources of funds
or the need for additional sources of funds for the implementation
and operation of each project. The program shall, as far as possible,
be based on existing information in the possession of the departments
and agencies of the Township and shall take into account public facility
needs indicated by the perspective development shown in the Master
Plan or as permitted by other land use controls contained in this
Code.
(1)
In preparing such program, the Municipal Land Use Board shall confer,
in a manner deemed appropriate by the Board, with the Mayor, the Chief
Financial Officer, and other Township officials and agencies as well
as the school board.
(2)
Any such programs shall include an estimate of the displacement of
persons and establishments caused by each recommended project.
B.
In addition to any of the requirements in Subsection A of this section, whenever the Municipal Land Use Board is authorized and directed to prepare a capital improvements program, every Township department, authority or agency shall, upon request of the Municipal Land Use Board, transmit to the Board a statement of all capital projects proposed to be undertaken by such department, authority or agency, during the term of the program, for study, advice and recommendation by the Municipal Land Use Board.
C.
Whenever the Municipal Land Use Board has prepared a capital improvement
program as aforesaid, it shall recommend such program to the governing
body which may adopt such program with any modification approved by
affirmative vote of a majority of the full authorized membership of
the governing body and with the reasons for said modification recorded
in its minutes.
D.
Whenever the Municipal Land Use Board shall have adopted any portion
of the Master Plan, the governing body or other public agency having
jurisdiction over the subject matter, before taking action necessitating
the expenditure of any public funds, incidental to the location, character
or extent of such project, shall refer the action involving such specific
project to the Municipal Land Use Board for review and recommendation
in conjunction with such Master Plan and shall not act thereon, without
such recommendation or until 45 days have elapsed after such reference
without receiving such recommendation. This requirement shall apply
to action by a housing, parking, highway, special district, or other
authority, redevelopment agency, school board or other similar public
agency, state, county or municipal.
All prior ordinances or resolutions or portions thereof the
Township Council of the Township of Vernon inconsistent herewith be
and are hereby repealed. To the extent that any prior ordinance or
resolution refers to the "Planning Board" or "Zoning Board" or "Zoning
Board of Adjustment," such ordinance or resolution shall be deemed
to apply to the Municipal Land Use Board.
