Class I: the Mayor or Mayor's designee in the absence of the Mayor.

Class II: one of the officials of the Borough other than a member of the governing body, to be appointed by the Mayor.

Class III: a member of Borough Council to be appointed by Borough Council.

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.

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.

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.

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.

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.

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.

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.

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.

General membership terms; provisions.

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.

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.

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.

The Land Use Board is authorized to adopt bylaws, rules and regulations governing its procedural operations which shall be consistent with Municipal Land Use Law,[1] ordinances of the Borough, and other applicable law.

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).

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.

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.

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.

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.

No action shall be taken at any meeting without a quorum present.

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.

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.).

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.