15-1 LAND USE BOARD.



§15-1.1 Establishment: Members.



There is hereby established in the Township of Wantage pursuant to N.J.S.A. 40:55D-23 a board entitled the Wantage Township Land Use Board of nine members consisting of the following four classes:



a. Class I: The mayor or the mayor's designee in the absence of the mayor.



b. Class II: One of the officials of the municipality other than a member of the governing body, to be appointed by the mayor.



c. Class III: A member of the governing body to be appointed by it.



d. Class IV: Other citizens of the municipality, to be appointed by the mayor.



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.



§15-1.2 Terms.



The term of the member composing class I shall correspond with 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. The term of a class II 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 comes 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 term shall be evenly distributed over the first four years after their appointment as determined by resolution of the township committee, 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 planning board, all of whom shall continue in office until the completion of the term for which they were appointed. Thereafter all class N 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 was made.

The terms of alternate members shall be for two years except that of the alternate members first appointed, one shall be appointed for a one year term and one shall be appointed for a two year term,, said terms to run from January 1 of the year in which the appointment is made. Thereafter,-all appointments shall be made for a term of two years.



§15-1.3 Vacancies and Removals.



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, after a public hearing if he requests one, may be removed. by the township committee for cause.



§15-1.4 Organization of Board.



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 township employee designated by it.



§15-1.5 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 township attorney.



§15-1.6 Experts and Staff.



In addition. 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 township committee for its use.



§15-1.7 Powers and Duties Generally.



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 for planning boards and shall have further powers, duties and procedures prescribed by ordinance adopted pursuant to the Municipal Land Use Law.



b. In addition to the powers set forth in paragraph 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.



§15-1.8 Time.



a. Minor subdivisions. Upon submission of a complete application. the land use board shall grant or deny minor subdivision or site plan approvals within 45 days of certification of completion of such submission or within such further time as may be consented to by the developer. Approval of a minor subdivision shall expire 190 days from the date of land use board approval unless within such period a plat in conformity with such approval and the provisions of the "Map Filing Law." 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 land use board before it will be accepted for filing by the county recording officer.



b. Preliminary approval, site plans and subdivisions. Upon submission of a complete application for a site plan which involves ten acres of land or less and ten dwelling units or less, or for a subdivision of ten or fewer lots, the land use board shall grant or deny preliminary approval within 45 days of certification of completeness of such submission or within such further time as may be consented to by the developer.



Upon submission of a complete application for a site plan which involves more than ten acres or more than ten dwelling units, or for a subdivision of more than ten lots, the land use board shall grant or deny preliminary approval within 95 days of the date of certification of completeness of such submission or within such further time as may be consented to by the developer.



Otherwise the land use board shall be deemed to have granted preliminary approval to the subdivision or site plan and the applicant shall comply with the provisions of subsection 15-3:14.



c. Ancillary powers. Whenever the land use board is called upon to exercise its ancillary powers as set forth in paragraph h of subsection 15-1.7 of this chapter, the land use board shall grant or deny approval of the application within 95 days of certification of. completeness of said application by the developer or within such further time as may be consented to by the applicant. Failure of the land .use board to act within the period prescribed shall constitute approval of the application and a certificate from the secretary of the land use board as to the failure of the land use board to act shall be issued upon request of the applicant.



d. Final approval. Application for final subdivision or site plan approval shall be granted or denied within 45 days of certification of completeness of the application or within such-further time as may be consented to by the applicant. Failure of the land 'use board to ,act within the period prescribed shall constitute approval of the application and a certificate from the secretary of the land use board as to the . failure of the land use board to act shall be issued upon request of the applicant. Final approval of a major subdivision shall expire 95 days from the date of signing of the plat unless within such period the plat shall have been duly filed by the developer with the county recording officer. The land use board may. for good cause shown, extend the period for recording for an additional period not to exceed 190 days from the date of signing of the plat.



§15-1.9 Certification of Completeness: Procedure for Filing Applications.



a. Certification of completeness of application. Applications for development within the jurisdiction of the land use board shall be reviewed for completeness in accordance with the provisions of subsection 15-3.8 of this chapter.

b. Procedure for filing application. Applications for development within the jurisdiction of the land use board, pursuant to the provisions of N.J.S.A. 40:55D-1 et seq. shall be filed with the clerk/ administrator. Applicants shall file at least 28 days before the date of the monthly meeting of the board:



1. Three copies of any conceptual plan to be reviewed by the board, for which no charge shall be made;



2. Three copies of applications for minor subdivision approval:



3. Three copies of applications for major subdivision approval:



4. Three copies of an application for either major or minor site plan review, conditional use approval or planned development.



At the time of filing this application, but in no event less than ten days prior to the date set for hearing, the applicant shall also file all plot plans, maps or other papers required by virtue of any provision of this chapter or any rule of the land use board.



The applicant shall also obtain all necessary forms from the secretary of the land use board. The secretary of the land use board shall inform the applicant of the steps to be taken to initiate applications and of the regular meeting dates of the land use board.



§15-1.10 Advisory Committee.



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.



§15-1.11 Environmental Commission.



Whenever the environmental commission has prepared and submitted to the land use board an index of the natural resources of the township; the land use board shall make available to the environmental commission an informational copy of every application for development to the land use board. Failure of the land use board to make such informational copy available to the environmental commission shall not invalidate any hearing or proceeding.



§15-1.12 Rules and Regulations.



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 Investigations Law of 1953 (N.J.S. 2A:67A-1 et seq.) shall apply.