[Amended 12-13-2012 by Ord. No. 26-12]
A. 
There is hereby established in the Borough of Rockaway, pursuant to N.J.S.A. 40:55D-23, a board, entitled the "Borough of Rockaway 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 Borough Council to be appointed by said Council.
(4) 
Class IV: Other citizens of the municipality, to be appointed by the Mayor.
B. 
The Mayor shall have the authority to appoint up to four alternate members who shall meet the qualifications of Class IV members and shall be designated at the time of appointment as Alternates No. 1 through 4. 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.
A. 
The term of the member composing Class I shall correspond to 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, 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 Land Use Board or 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. The terms of all Class IV members first appointed under this chapter shall be so determined that to the greatest practicable extent the expiration of such terms shall be distributed evenly over the first four years after their appointment; provided that the initial Class IV term of no member shall exceed four years. Thereafter, the Class IV term of each such member shall be four years. If a vacancy in any class shall occur otherwise than by expiration of the Land Use Board term, it shall be filled by appointment, as above provided, for the unexpired term.
B. 
No member of the Land Use Board shall be permitted to act on any matter in which he has, either directly or indirectly, any personal or financial interest. Any member other than a Class I member, after a public hearing if he or she requests one, may be removed by the Mayor and Council for cause.
A. 
There shall be four alternate members of the Land Use Board. Alternate members shall be appointed by the appointing authority for Class IV members and shall meet the qualifications of Class IV members of nine-member planning boards. 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 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 one alternate member 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 appointing authority for the unexpired term only.
B. 
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 or she requests one, be removed by the Mayor and Council for cause.
C. 
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. 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.
A. 
The Land Use 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 Land Use Board or a municipal employee designated by it.
B. 
Land Use Board Attorney. There is hereby created the office of Land Use Board Attorney. The Land Use Board may annually appoint, 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.
C. 
Experts and staff. The 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 Mayor and Borough Council for its use.
A. 
The Land Use Board shall have and exercise all of the powers, duties and procedures prescribed or necessarily implied by the Municipal Land Use Law[1] for planning boards and shall have further powers, duties and procedures prescribed by ordinance adopted pursuant to 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, the Land Use Board shall exercise, to the same extent and subject to the same restrictions, all of the 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.
Ancillary powers of the Land Use Board shall include:
A. 
When reviewing applications for approval of subdivision plats, site plans or conditional uses, to grant:
(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 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.
(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.
B. 
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.
A. 
Prior to the adoption of a development regulation, revision or amendment thereto, the Land Use Board shall make and transmit to the Mayor and Borough Council, within 35 days after referral, a report including identification of any provisions in the proposed development regulation, revision or amendment which are inconsistent with the Master Plan and recommendations concerning these inconsistencies and any other matters as the Board deems appropriate. The Mayor and Borough Council, when considering the adoption of a development regulation, revision or amendment thereto, shall review the report of the 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 recommendation. Failure of the Land Use Board to transmit its report within the thirty-five-day period provided herein shall relieve the Mayor and Borough Council from the requirements of this subsection in regard to the proposed development regulation, revision or amendment thereto referred to the Land Use Board.
B. 
The Mayor and Borough Council may by ordinance provide for the reference of any matter or class of matters to the Land Use Board before final action thereon by a municipal body or municipal officer having final authority thereon. Whenever the Land Use Board shall have made a recommendation regarding a matter authorized by this act to another municipal body, such recommendation may be rejected only by a majority of the full authorized membership of such other body.
A. 
After the appointment of a Land Use Board, 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 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.
B. 
Whenever the Environmental Commission has prepared and submitted to the Land Use Board an index of the natural resources of the municipality, the Land Use Board shall make available to the Environmental Commission an informational copy of every application for development submitted to either board. Failure of the Land Use Board to make such informational copy available to the Environmental Commission shall not invalidate any hearing or proceeding.
A. 
The Land Use Board when acting upon applications for preliminary or minor subdivision approval shall have the power to grant such exceptions from the requirements for subdivision approval as may be reasonable and within the general purpose and intent of the provisions for subdivision review and approval of an ordinance adopted pursuant to this article, if the literal enforcement of one or more provisions of the ordinance is impracticable or will exact undue hardship because of peculiar conditions pertaining to the land in question.
B. 
The Land Use Board when acting upon applications for preliminary site plan approval shall have the power to grant such exceptions from the requirements for site plan approval as may be reasonable and within the general purpose and intent of the provisions for site plan review and approval of an ordinance adopted pursuant to this article, if the literal enforcement of one or more provisions of the ordinance is impracticable or will exact undue hardship because of peculiar conditions pertaining to the land in question.
C. 
The Land Use Board shall have the power to review and approve or deny conditional uses or site plans simultaneously with review for subdivision approval without the developer being required to make further application to the Land Use Board or the Land Use Board being required to hold further hearings. The longest time period for action by the Land Use Board, whether it be for subdivision, conditional use or site plan approval, shall apply. Whenever approval of a conditional use is requested by the developer pursuant to this subsection, notice of the hearing on the plat shall include reference to the request for such conditional use.
The Secretary of the Land Use Board shall distribute the applications, plans and other supporting documents for site plan, subdivision and conditional use applications and related variances for review and report, and where required, approval by Borough officials as follows:
Official Distribution of Documents
Municipal Development Ordinance
Sketch Plat/
Concept Plan
Minor/Major
Preliminary Plat
Preliminary/
Final Site Plan
Minor/Major
Final Plat
Engineer
Engineer
Engineer
Engineer
Engineer
Planner
Planner
Planner
Planner
Planner
Building Inspector
Building Inspector
--
Building Inspector
Building Inspector
County Planning Board
County Planning Board
County Planning Board
County Planning Board
County Planning Board
Land Use Board Attorney
Land Use Board Attorney
Land Use Board Attorney
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--
Health Officer
Health   Officer
Health Officer
Health Officer
Health Officer
Chief of Police
Chief of Police
Chief of Police
Chief of Police
Chief of Police
Fire Official
Fire Official
Fire Official
--
--
Borough Utility Authority
Borough Utility Authority
Borough Utility Authority
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--
Other NJDOT adjoining Municipality NJDCA
Other NJDOT adjoining Municipality NJDCA