A Land Use Board is hereby created consisting of nine regular and up to two alternate members. Members of the Land Use Board, except for the Class II member set forth below, shall be municipal residents. The membership shall consist of, for convenience in designating the manner of appointment, the four following classes:

The term of the member composing Class I shall correspond with his 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. 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 as a member of the Environmental Commission, whichever comes 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 the Board of Education or at the completion of his Class IV term, whichever occurs first.

All present Class IV regular members of the existing Planning Board shall continue in office in the Land Use Board until the completion of the terms for which they were appointed, and shall be hereinafter designated as "Seat 1" (set to expire December 2010), "Seat 3" (set to expire December 2012), "Seat 4" (set to expire December 2012), and "Seat 6" (currently held by a member of the Environmental Commission). Due to clerical errors in the appointments of Class IV regular members in prior years, and to keep with the intent of N.J.S.A. 40:55D-23(b) for the appointment of Class IV regular members to be so determined that to the greatest practicable extent the expiration of such terms shall be distributed evenly, the two new Class IV regular members to be appointed in January 2010 shall be for an initial term as follows: "Seat 2" shall be for a two year term; and "Seat 5" shall be for a four year term. Thereafter the term of each Class IV regular member shall be four years, unless a member of the Environmental Commission is appointed to the Land Use Board, which then such "Seat" shall be for a three year term or at the completion of his term as a member of the Environmental Commission. All terms shall run from January 1 of the year in which the appointment is made.

All present Class IV alternate members of the Land Use Board shall continue in office until the completion of the terms for which they were appointed. The terms of the Class IV alternate members shall be two years. All terms shall run from January 1 of the year in which the appointment is made.

Alternate members may participate in all matters but may not vote except in the absence or disqualification of a regular member of any class. Participation of alternate members shall not be deemed to increase the size of the Land Use Board. 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 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. Any member other than a Class I member may be removed by the governing body for cause but only after public hearing, if requested, and other required procedural due process protection.

The Land Use Board shall organize annually by selecting from among its Class IV regular members a Chairperson and a Vice Chairperson. The Board shall also select a Secretary who may or may not be a member or alternate member of the Board or an employee of the Township. An alternate member shall not serve as Chairperson or Vice-Chairperson of the Land Use Board.

The governing body, after giving due consideration to budget requests that may be submitted by the Land Use Board, shall make provisions in its budget and appropriate funds for the expenses of the Land Use Board.

The office of Land Use Board Attorney is hereby created. The Land Use Board may appoint to such office and fix compensation or rate of compensation of an attorney at law of New Jersey other than the Township Attorney.

The Land Use Board may also employ or contract for and fix the compensation of such experts and other staff and services as it may deem necessary. The Board, however, shall not authorize expenditures which exceed, exclusive of gifts, grants or application fees, the amount appropriated by the governing body for its use.

Make, adopt and, from time to time, amend a Master Plan for the physical development of the Township, including any areas outside its boundaries which, in the Board's judgment, bear essential relationship to the planning of the Township.

Administer the Subdivision and Site Plan Review provisions of the Land Management Ordinance in accordance with the applicable provisions of this chapter and N.J.S.A. 40:55D-1 et seq.

Hear and decide applications for conditional uses in accordance with the applicable provisions of this chapter and N.J.S.A. 40:55D-1 et seq.

Participate in the preparation and review of programs and plans in accordance with N.J.S.A. 40:55D-31 or Federal law or regulation.

Assemble data on a continuing basis as part of a continuous planning process.

Annually, at the request of the Township Committee, prepare a program of municipal capital improvements projects projected over a term of six years and recommend same to the Township Committee.

Consider and report to the Township Committee within 35 days after referral as to any proposed development regulation submitted to it and also pass upon other matters specifically referred to the Land Use Board by the Township Committee.

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 and officers.

Perform, to the same extent and subject to the same restrictions, all the powers and duties of a Board of Adjustment, including:

Pursuant to N.J.S.A. 40:55D-70(c), where (a) by reason of exceptional narrowness, shallowness or shape of a specific piece of property, or (b) by reason of exceptional topographic conditions or physical features uniquely affecting a specific piece of property, or (c) 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 regulation of this chapter 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;

Where, in an application or appeal relating to a specific piece of property the purposes of this chapter would be advanced by a deviation from the zoning requirements and the benefits of the deviation would substantially outweigh any detriment, grant a variance to allow departure from such zoning requirements;

No variance from those departures enumerated in N.J.S.A. 40:55D-70(d) shall be granted under this subsection.

A use or principal structure in a district restricted against such use or principal structure;

An expansion of a nonconforming use;

A deviation from a particular specification or standard set forth in this chapter as pertaining solely to a conditional use;

An increase in the permitted floor area ratio as defined in Section 13-201 of this chapter and in N.J.S.A. 40:55D-4;

An increase in the permitted density as defined in Article 13-400 or Article 13-600 of this chapter, as the case may be, and 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, in which event applications would be made pursuant to subsection 13-702.1i3 hereinabove; or

A height of a principal structure which exceeds by ten (10') feet or 10% the maximum height permitted in the zone district for a principal structure.

Direct issuance of a construction permit pursuant to N.J.S.A. 40:55D-34 for the construction of a building or structure within the bed of a mapped street or public drainageway, flood control basin or public area as shown on a duly adopted Official Map, if an Official Map is adopted by the Township, whenever one or more parcels of land within said bed cannot yield a reasonable return to the owner unless a construction permit is granted. The Board may grant such relief only by affirmative vote of a majority of the full authorized membership of the Land Use Board, ensuring that such relief will tend to cause a minimum change of the Official Map and will not significantly add to the cost of opening any proposed street. The Board shall impose reasonable requirements as a condition of granting the construction permit so as to promote the health, morals, safety and general welfare of the public.

Direct issuance of a construction permit pursuant to N.J.S.A. 40:55D-36 for the construction of a building or structure on a lot not abutting a street which is shown on a duly adopted Official Map, if an Official Map is adopted by the Township, or which is (a) an existing State, County or municipal street or highway; or (b) a street shown upon a plat approved by the Board; or (c) a street on a plat duly filed in the office of the County Recording Officer. The Board may grant such relief only when the enforcement of the statute requirement that a building lot abut a street would entail practical difficulty or unnecessary hardship, or where the circumstances of the case do not require the building or structure to abut a street. The Board shall impose requirements or conditions that will provide adequate access for fire fighting equipment, ambulances and other necessary emergency vehicles for the protection of the health and safety and that will protect any future street layout on the Official Map or on the Traffic Circulation Plan element of the municipal Master Plan.

Appeals to the Land Use Board may be taken by any interested party affected by any decision of an administrative officer of the municipality based on or made in the enforcement of the zoning provisions of this chapter or a duly adopted Official Map. Such appeal shall be taken within 20 days by filing a notice of appeal with the official from whom the appeal is taken, with three copies of the notice given to the Secretary of the Land Use Board. The notice shall specify the grounds for the appeal. The official from whom the appeal is taken shall immediately transmit to the Board all the papers constituting the record upon which the action appealed from was taken.

The Land Use Board may reverse or affirm, wholly or in part, or may modify the action, order, requirement, decision, interpretation or determination appealed from and to that end have all powers of the municipal official from whom the appeal is taken.

An appeal to the Land Use Board shall stay all proceedings in furtherance of the action in respect to which the decision appealed from was made unless the municipal official from whose action the appeal is taken certifies to the Land Use Board, after the notice of appeal shall have been filed with him, that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed other than by an order of the Superior Court upon notice to the municipal official from whom the appeal is taken and due cause shown.

A developer may file an application for development with the Land Use Board for action under any of its powers without prior application to a municipal official.

The Land Use Board shall act upon any appeal or any application for development within 120 days either from the date the appeal is taken from the decision of the municipal official or from the date the application is certified as a complete application, as the case may be, or within such further time as may be consented to by the applicant, except that when an applicant elects to submit separate consecutive applications for use variance approval and site plan, subdivision or conditional use approval, the 120 day time period for action shall apply to the application for approval of the use variance, and the time period for granting or denying any subsequent approval shall be as otherwise provided in this chapter.

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.

No variance or other relief may be granted by the Board unless such variance or other relief can be granted without substantial detriment to the public good and will not substantially impair the intent and purpose of the zone plan and the zoning provisions of this chapter.

In respect of any airport hazard areas delineated under the "Air Safety and Hazardous Zoning Act of 1983" (N.J.S.A. 6:1-80 et seq.), no variance or other relief may be granted permitting the creation or establishment of a nonconforming use which would be prohibited under the standards promulgated pursuant to that act, except upon issuance of a permit by the Commissioner of Transportation.

An application under this section may be referred to any appropriate person or agency for its report; provided that such reference shall not extend the period of time within which the Land Use Board shall act.

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 for 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 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 the zoning provisions of this chapter.

Meetings of the Land Use Board shall be scheduled no less than once a month and any meeting so scheduled shall be held as scheduled unless canceled for lack of applications for development to process.

Special meetings may be provided for at the call of the Chairman or on the request of any two Board members, which meetings shall be held on notice to its members and the public in accordance with all applicable legal requirements.

All actions shall be taken by majority vote of the members of the Board present at the meeting except as otherwise required by a provision of N.J.S.A. 40:55D-1, et seq., or as set forth in this chapter. A member of the Board who was absent for one or more of the meetings at which a hearing was held or was not a member of the Board at that time shall be eligible to vote on a matter upon which the hearing was conducted, notwithstanding his/her absence from one or more of the meetings; provided, however that such Board member has available to him/her the transcript or recording of all of the hearing from which he/she was absent or was not a member, and certifies in writing to the Board that he/she has read such transcripts or listened to such recording.

All regular meetings and all special meetings shall be open to the public, except as provided in the Open Public Meeting Law, N.J.S.A. 10:4-6, et seq. Notice of all such meetings shall be given in accordance with the requirements of the Open Public Meeting Law, N.J.S.A. 10:4-6, et seq.

Subsequent to an application for development being declared complete, the Land Use Board shall hold a hearing on the application for development. The Board shall make rules governing such hearings.

Any maps and documents for which approval is sought at a hearing shall be on file and available for public inspection at least 10 days before the date of the hearing during normal business hours in the office of the Administrative Officer. The applicant may produce any documents, records or testimony at the hearing to substantiate or clarify or supplement the previously filed maps and documents.

The officer presiding at the hearings, or such person as he may designate, shall have the power to administer oaths and issue subpoenas to compel the attendance of witnesses and the production of relevant evidence, including witnesses and documents presented by the parties, and the provisions of the "County and Municipal Investigations Law," P.L. 1953, C.38 (C.2A:67A-1 et seq.) shall apply.

The testimony of all witnesses relating to an application for development shall be taken under oath or affirmation by the presiding officer, or such other person as he may designate, and the right of cross-examination shall be permitted to all interested parties through their attorneys, if represented, or directly, if not represented, subject to the discretion of the presiding officer and reasonable limitations as to time and number of witnesses.

Technical rules of evidence shall not be applicable to the hearing, but the Board may exclude irrelevant, immaterial or unduly repetitious evidence.

Public notice of a hearing shall be given for the following:

Notice of a hearing on an amendment to the zoning ordinance proposing a change to the classification or boundaries of a zoning district as stated in subsection 13-703.4a1 shall be given by the Township Clerk at least 10 days prior to the hearing to the owners of all real property as shown on the current tax duplicates as follows: in the case of a boundary change, in the state within two hundred (200') feet in all directions of the proposed new boundaries of the district which is the subject of the hearing and, in the case of a classification change, within the district and within the State within two hundred (200') feet in all directions of the boundaries of the district.

The Secretary of the Land Use Board shall notify the applicant at least two weeks prior to the public hearing at which the application will be discussed. Notice of a hearing requiring public notice shall be given by the applicant at least 10 days prior to the date of the hearing in the following manner:

Upon the written request of an applicant, the Tax Assessor shall, within seven days, make and certify a list from current tax duplicates of names and addresses of owners within the Township to whom the applicant is required to give notice. In addition, the Tax Assessor shall include on the list the names, addresses, and position of those persons who, not less than seven days prior to the date on which the applicant requested the list, have registered to receive notice pursuant to subsection 13-703.4c2(f) of this section. The applicant shall be charged twenty-five ($0.25) cents per name or $10, whichever is greater, for said list and shall be entitled to rely upon the information contained in such list; and failure to give notice to any lot owner or to any public utility, cable television company, or local utility not on the list shall not invalidate any hearing or proceeding. Additionally, the applicant shall be responsible for giving proper notice to all property owners pursuant to subsection 13-703.4c2 above who do not reside within the Township.

The notice shall state the date, time and place of the hearing and the nature of the matters to be discussed, and an identification of the property proposed for development by street address, if any, and by reference to lot and block numbers as shown on the current tax duplicate in the Township Tax Assessor's office, and the location and times at which any maps or documents for which approval is sought are available for inspection.

Minutes of every regular or special meeting shall be kept and shall include the names and addresses of the persons appearing and addressing the Land Use Board and of any persons appearing by attorney, the action taken by the Land Use Board, the findings, if any, made by it and the reasons therefor. The minutes shall thereafter be made available, after approval by the Board, for public inspection during the 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 proceedings concerning the subject matter of such minutes. Such interested party shall be charged a reasonable fee for the reproduction of the minutes.

A verbatim recording shall be made of every hearing on an application for development submitted to the Township. The recording of the proceedings shall be made either by stenographer, mechanical or electrical means. The municipality shall furnish a transcript or duplicate recording in lieu thereof on request to any interested party at his/her expense. The municipality, in furnishing a transcript or tape of the proceedings, shall not charge such interested party more than the actual cost of preparing the transcript or tape. Transcripts shall be certified in writing by the transcriber to be accurate.

Each decision on any application for development shall be reduced to writing by the Board and shall include findings of facts and conclusions based thereon.

The Board shall provide the findings and conclusions through:

The vote on any memorializing resolution shall be deemed to be a memorialization of the action of the Board and not to be an action of the Board; however, the date of the adoption of the resolution shall constitute the date of the decision for purposes of the mailings, filings and publications required in Section 13-704 of this chapter.

If the Board fails to adopt a resolution or memorializing resolution as hereinabove specified, any interested party may apply to the Superior Court in a summary manner for an order compelling the Board to reduce its findings and conclusions to writing within a stated time and the cost of the application, including attorneys fees, shall be assessed against the municipality.

(Reserved)

Conditional Approvals.

A copy of the decision shall be mailed by the appropriate Township authority within 10 days of the date of decision to the applicant, or, if represented, then to his attorney, without separate charge. A copy of the decision shall also be mailed within 10 days to any interested party who has requested it and who has paid the fee prescribed by the Township authority for such service.

A brief notice of every final decision shall be published in the official newspaper of the Township. Such publications shall be arranged by the Secretary of the Land Use Board, without separate charge to the applicant. The notice shall be sent to an official newspaper for publication within 10 days of the date of any such decision.

A copy of the decision shall also be filed in the office of the Township Clerk, who shall make a copy of such filed decision available to any interested party upon payment of a fee calculated in the same manner as those established for copies of other public documents in the Township.

Any application for development which would have previously been submitted to the Zoning Board of Adjustment, and which is made after the effective date of this Ordinance, shall be submitted to the Land Use Board pursuant to this chapter.

Any application for development submitted to the Zoning Board of Adjustment pursuant to lawful authority before the effective date of this Ordinance, and is either deemed complete on or before December 31, 2009, or where notice was served on or before December 31, 2009, may be continued at the option of the applicant, and the Zoning Board of Adjustment shall have every power which it possessed before the effective date of this Ordinance in regard to that application pursuant to N.J.S.A. 40:55D-72.1. In such situation, the Board of Adjustment shall have 45 days from the date the application was deemed complete in which to hold the hearings and to render a decision on the particular application. In the event the Board of Adjustment anticipates that an application cannot be finally determined by the Board of Adjustment within the 45 day period, the application should be immediately transferred to the Land Use Board for immediate resumption of the application process before the Land Use Board. Scheduling preferences shall be given to such applications by the Land Use Board. With respect to applications for which the public hearing has already been opened, the applicant may consent to a transfer to the Land Use Board provided, however, that the hearing process shall begin anew before the Land Use Board.