[Added 12-11-2006 by Ord.
No. 542[1]]
[1]
Editor's Note: This ordinance superseded former Art. II, Planning
Board.
There is hereby established the Buena Borough Land Use Board,
consisting of nine regular members and four alternate members. The
nine-member Borough of Buena Land Use Board shall exercise, the same
extent and subject to the same restrictions, all of the powers of
a planning board and a zoning board of adjustment as set forth in
the Municipal Land Use Law.[1] Any reference to the Planning Board or Zoning Board of
Adjustment in any existing Borough of Buena ordinance shall be deemed
to refer to the Land Use Board.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
The members of the Land Use Board shall be municipal residents
and, pursuant to the Municipal Land Use Law,[1] members shall be appointed and shall consist of the four
following classes as set forth below:
A.
Class I: the Mayor or Mayor's designee in the absence of the Mayor.
B.
Class II: one of the officials of the Borough other than a member
of the governing body, to be appointed by the Mayor.
C.
Class III: a member of Borough Council to be appointed by Borough
Council.
D.
Class IV: six other citizens of the Borough, to be appointed by the
Mayor. The members of Class IV shall not hold any other municipal
office, position or employment except that one member may be a member
of the Board of Education. For purposes of this section, a membership
on a municipal 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.
E.
Alternate members: four alternates meeting qualifications of Class
IV members and appointed by the Mayor and designated as, respectively,
"Alternate No. 1, 2, 3 and 4." 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 and if Alternate No. 1 is unavailable,
then in descending order of numerical designation.
F.
Pursuant to N.J.S.A. 40:55D-10.2, a member of the Land Use Board
who was absent for one or more of the meetings for which a hearing
was held, was not a member of the Land Use Board at that time, shall
be eligible to vote on the matter upon which the hearing was conducted,
notwithstanding his or her absence from one or more of the meetings;
provided, however, that such Board member has available to him or
her the transcript or recording of all of the hearings from which
he or she was absent or was not a member, and certifies in writing
to the Board that he or she has read such transcript or listened to
such recording.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
A.
Class I. The term of the member composing Class I shall correspond
to the Mayor's official 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.
Class II. The term of the member composing Class II shall be for
one year or terminate at the completion of that member's term of office,
whichever occurs first.
C.
Class III. The term of the member composing Class III shall be for
one year or terminate at the completion of the member's respective
term of office, whichever occurs first.
D.
Class IV. The terms of the members of Class IV shall be four years
except for the terms of the members first appointed under this article.
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 such other body or at the completion of Class IV term, whichever
occurs first. The terms of the Class IV members first appointed shall
be one member each for a one-year term and a two-year term, and two
members each for a three-year term and a four-year term.
E.
Alternates. 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. The terms of the alternate members first appointed shall
be two years for Alternates 1 and 2 and one year for Alternates 3
and 4.
F.
General membership terms; provisions.
(1)
If a vacancy in any class shall occur otherwise than by expiration
of the Land Use Board terms, it shall be filled by appointment as
provided by regular members, for the unexpired terms.
(2)
No member of the Land Use Board shall be permitted to act on any
matter on which the member has, either directly or indirectly, any
personal or financial interest.
(3)
Any member other than a Class I member, after a public hearing if
the member requests one, may be removed by the governing body or cause.
(4)
The term of any appointment except for the initial appointees or
for an appointee filling a vacancy shall commence July 1 and expire
on December 31 or until appointment and qualification of that member's
successor.
A.
The Land Use Board shall elect a Chairman and Vice Chairman from
the members of Class IV. The Land Use Board shall also select a Secretary,
who may or may not be a member of the Land Use Board or a municipal
employee, and fill such other offices as established by ordinance.
B.
The Land Use Board may employ or contract for and fix compensation
of an attorney, other than the Borough Attorney, an engineer and such
experts and staff and services as it may deem necessary, not exceeding,
exclusive of gifts or grants, the amount appropriated by the Borough
Council for its use. The governing body shall make provision in its
budget and appropriate funds for the expenses of the Land Use Board
as it may deem necessary for the proper operation of the Land Use
Board.
[Amended 2-26-2018 by Ord. No. 663]
C.
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 serve at the pleasure of
the Mayor.
B.
The Land Use Board shall also have the powers and duties as set forth
in that Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., for planning
boards and zoning boards of adjustment. Pursuant to N.J.S.A. 40:55D-25(c),
the Land Use Board shall exercise, to the same extent and subject
to the same restriction, all powers of a Zoning Board of Adjustment,
including but not limited to those powers and duties prescribed by
law to a Board of Adjustment pursuant to Municipal Land Use Law and
the Borough's Land Use Ordinance. However, in exercising the powers
of the Board of Adjustment, the Class I and Class III members of Land
Use Board shall not participate in the consideration of applications
for development which involve relief pursuant to Subsection d of § 57
of P.L. 1975, c. 291 (N.J.S.A. 40:55D-70, as amended).
C.
The Land Use Board shall 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 not inconsistent with the purposes and intent of N.J.S.A.
40:55D-1 et seq. and such other applicable general law.
D.
Any approvals granted by the Land Use Board shall be subject to and
conditioned upon approval of any other federal, state or local agency
as may be applicable.
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 Investigation
Law (N.J.S.A. 2A:67A-1 et seq.) shall apply.
No member of the Land Use Board shall act on any matter in which
he or she has, either directly or indirectly, any personal or financial
interest. Whenever any such member shall disqualify himself or herself
from acting on a particular matter, he or she shall not continue to
sit with the Board on the hearing of such matter nor participate in
any discussion or decision relating thereto. This would include voting
on a memorializing resolution relating to the such matter and the
decision thereon.
A.
Meetings of the Land Use Board shall be scheduled no less often than
once a month and any meeting so scheduled shall be held as scheduled
unless canceled for lack of applications for development to process
or appeals to be heard and decided.
B.
Special meetings may be provided for at the call of the Chairman
or on the request of any two Board members, which shall be held on
notice to the Board's members and the public in accordance with all
applicable legal requirements.
C.
No action shall be taken at any meeting without a quorum present.
D.
All actions shall be taken by majority vote of the members present
at the meeting except as otherwise required by any provisions of N.J.S.A.
40:55D-1 et seq. Failure of a motion to receive the number of votes
required to approve an application for development or appeal pursuant
to the exceptional vote requirements of N.J.S.A. 40:55D-34 and 40:55D-67d
shall be deemed an action denying the application.
E.
All regular meetings and all special meetings shall open to the public.
Notice of all such meetings shall be given in accordance with the
requirements of the Open Public Meetings Act (N.J.S.A. 40:4-6 et seq.).
F.
Minutes of every regular or special meeting shall be kept and shall
include the names of the persons appearing and addressing the Land
Use Board and of the persons appearing by attorney, the action taken
by the Land Use Board, the findings, if any, made by it and reasons
therefor. The minutes shall thereafter be made available for public
inspection during normal business hours at the office of the administrative
officer. Any interested party shall have the right to compel production
of the minutes for use as evidence in any legal proceeding concerning
the subject matter of such minutes. Such interested party may be charged
a reasonable fee for reproduction of the minutes for his or her use,
pursuant to the Open Public Record Act.
The Buena Borough Planning Board and the Buena Borough Zoning
Board of Adjustment, previously established by ordinance, are hereby
abolished and superseded by the Land Use Board established by this
ordinance. The Land Use Board shall exercise all rights and duties
of the Planning Board and Zoning Board under the Municipal Land Use
Law[1] and provisions of existing land ordinances that are not
repeated under this article.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
If any sections, clause, sentence or other part of this article
shall for any reason be adjudged by a court of competent jurisdiction
to be invalid, such judgment shall not affect, impair or invalidate
the remainder of this article.
Any ordinance or parts thereof in conflict or inconsistent with
any of the terms and provisions of this article are hereby repealed
to the extent of their inconsistency; provided, however, that the
adoption of this article shall not prevent or bar the continuance
or institution of any proceedings for offenses heretofore committed
in violation of any existing ordinance of the Borough of Buena.
Following its final passage, publication and filing with the
County Planning Board in the manner prescribed by applicable New Jersey
Statutes, this article shall become effective January 1, 2007.
