A Land Use Board is hereby established, consisting of nine members who shall serve for their respective terms pursuant to N.J.S.A. 40:55D-23. The nine members of the Land Use Board shall consist of the following classes:

Alternate members.

The term of the Mayor shall correspond with his official tenure. The term of the members composing Class II shall be for one year or shall terminate at the completion of the respective term of office, whichever occurs first. The term of the Class IV member who is also a member of the Environmental Commission shall be for three years or shall terminate at the completion of his term of office as a member of the Environmental Commission, whichever occurs first.

The terms of all Class IV members first appointed pursuant to 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 as determined by resolution of the governing body; provided, however, that no term of any member shall exceed four years; and further provided that nothing herein shall affect the term of any present member of the Land Use Board, all of whom shall continue in office until the completion of the terms for which they were appointed. Thereafter, all Class IV members shall be appointed for terms of four years, except as otherwise hereinabove provided. All terms shall run from January 1 of the year in which the appointment is made.

Any member of the Board other than the Class I member (after a public hearing, if he requests one) may be removed by the governing body of Franklin Township for cause. Absence from three consecutive meetings shall be deemed prima facie evidence of cause.

To make and adopt and from time to time amend a Master Plan for the physical development of the municipality, including any areas outside its boundaries which, in the Board's judgment, bear essential relation to the planning of the municipality, in accordance with the provisions of N.J.S.A. 40:55D-28.

To administer the provisions of the Land Subdivision Ordinance and Site Plan Review Ordinance of the municipality in accordance with the provisions of said ordinances and N.J.S.A. 40:55D-37 et seq.

To approve conditional use applications in accordance with the provisions of the Zoning Ordinance pursuant to N.J.S.A. 40:55D-67.

To participate in the preparation and review of programs or plans required by state or federal law or regulations.

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

To prepare a program of municipal capital improvement projects projected over a term of six years, and amendments thereto, and recommend the same to the governing body in accordance with the provisions of N.J.S.A. 40:55D-29 et seq.

To consider and make report to the governing body, within 35 days after referral, as to any proposed development regulation submitted to it pursuant to the provisions of N.J.S.A. 40:55D-26a and also pass upon other matters specifically referred to the Land Use Board by the governing body pursuant to the provisions of N.J.S.A. 40:55-D26b.

When reviewing applications for approval of subdivision plats, site plans or conditional uses, to grant variances and related relief in accordance with the provisions of N.J.S.A. 40:55D-60 et seq.

To 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.

To report and make recommendations concerning an Official Map in accordance with the provisions of N.J.S.A. 40:55D-32 et seq.

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 official or agency based on or made in the enforcement of the Zoning Ordinance.

Hear and decide requests for interpretation of the Zoning Map or Zoning Ordinance or for decisions upon other special questions upon which such Board is authorized by the Zoning Ordinance to pass.

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 regulation in the Zoning Ordinance would result in peculiar and exceptional practical difficulties to or exceptional and undue hardship upon the developer of such.

Variances.

Minor subdivisions. Minor subdivision approval shall be granted or denied within 45 days of the date of submission of a complete application to the Board or within such er time as may be consented to by the applicant. Failure of the Board to act within the period described shall constitute minor subdivision approval. Approval of a minor subdivision shall expire 190 days from the date of approval unless, within such period, a plat in conformity with such approval and the provision s of the Map Filing Law[1] or a deed clearly describing the approved minor subdivision is filed by the developer with the County recording officer, the Municipal Engineer and the Municipal Tax Assessor. Any such plat or deed must be signed by the Chairman and Secretary of the Board before it will be accepted for filing by the County recording officer. If, in order to receive minor subdivision approval, it is mandated that a developer's agreement, or such other similar agreement, must be fully executed, the same must be recorded within the aforenoted 190 days with the County recording officer, additionally, and all Land Use Board resolution(s) relating to the minor subdivision must likewise be recorded with the one-hundred-ninety-day period.

Preliminary approval of major subdivisions. Upon submission of a complete application for a subdivision of 10 or fewer lots, the Board shall grant or deny preliminary approval within 45 days of the date of such submission or within such further time as may be consented to by the applicant. Upon submission of a complete application for a subdivision of more than 10 lots, the Board shall grant or deny preliminary approval within 95 days of the date of such submission or within such further time as may be consented to by the applicant. Otherwise, the Board shall be deemed to have granted preliminary approval for the subdivision.

Effect of preliminary approval. Preliminary approval of a major subdivision pursuant to Subsection B of this section or of a site plan pursuant to Article IX of this chapter shall, except as provided in Subsection D of this section, confer upon the applicant the rights set forth in N.J.S.A. 40:55D-49.

Ancillary powers. Whenever the Board is called upon to exercise its ancillary powers before the granting of a variance as set forth in § 90-10H of this chapter, the Board shall grant or deny approval of the application within 95 days after submission by the developer of a complete application or within such further time as may be consented to by the applicant. Failure of the Board to act within the period prescribed shall constitute approval of the application.

Final approval.

Effect of final approval of a site plan or major subdivision. Final approval of a major subdivision or of a site plan shall confer upon the applicant the rights set forth in N.J.S.A. 40:55D-52.

Incomplete application. If the application for development is found to be incomplete, the developer shall be notified thereof within 45 days of submission of such application, or it shall be deemed to be properly submitted.