City of Absecon, NJ Boards, Committees and Commissions

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

Class II: one of the officials of the municipality other than a member of the Governing Body, to be appointed by the Mayor; provided that if there be an environmental commission, the member of the environmental commission who is also a member of the Planning Board as required by section 1 of N.J.S.A. 40:56A-1, shall be deemed to be the Class II Planning Board member in the event that there be among the Class IV or alternate members of the Planning Board both a member of the zoning board of adjustment and a member of the board of education.

Class III: a member of the Governing Body to be appointed by the Council.

Class IV: six citizens of the municipality, to be appointed by the Mayor.

The members of Class IV shall hold no other municipal office, position or employment, except that in the case of nine-member boards, one such member may be a member of the Zoning Board of Adjustment or Historic Preservation Commission. In the case of a nine-member Board, one Class IV member may be a member of the Board of Education. If there be a municipal Environmental Commission, the member of the Environmental Commission who is also a member of the Planning Board, as required by N.J.S.A. 40:56A-1, shall be a Class IV Planning Board member, unless there be among the Class IV or alternate members of the Planning Board both a member of the Zoning Board of Adjustment or Historic Preservation Commission and a member of the Board of Education, in which case the member common to the Planning Board and municipal Environmental Commission shall be deemed a Class II member of the Planning Board. For the purpose of this section, 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.

Terms; vacancies. 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. 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 Board of Adjustment 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 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 Planning Board term, it shall be filled by appointment, as above provided, for the unexpired term.

Conflicts of interest; removal of member. No member of the Planning 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 requests one, may be removed by the Governing Body for cause.

Organization authority to adopt bylaws and employ staff. The Planning Board shall adopt bylaws governing its procedural operation. It shall elect a Chairman from the members comprising Class IV and shall create and fill such other offices as established by ordinance. It shall have the power and authority to employ experts and a staff and to pay for their services and such other expenses as may be necessary and proper, not exceeding in all, exclusive of gifts, the amount appropriated by the Council of the City of Absecon City for its use.

Preparation and adoption of Master Plan. Said Planning Board may prepare and, after public hearing, adopt and from time to time amend a Master Plan for the physical development of the City of Absecon City, which generally shall comprise land use, circulation and a report presenting the objectives, assumptions, standards and principles which are embodied in the various interlocking portions of the Master Plan. The Master Plan shall be a composite of the one or more mapped and written proposals recommending the physical development of the City of Absecon City which the Planning Board shall have adopted, either as a whole or severally, after public hearing. Such Master Plan may include proposals for various stages in the future development of the City of Absecon City. The scope of said Master Plan may cover any one or all of the matters set forth in N.J.S.A. 40:55D-28. In the preparation of the Master Plan, the Planning Board shall give due consideration to the probable ability of the City of Absecon City to carry out, over a period of years, the various public or quasi-public projects embraced in the plan without the imposition of unreasonable financial burdens, and in such preparation said Planning Board shall make such studies and surveys and shall be guided by the general purposes as are set forth or expressed in N.J.S.A. 40:55D-28. All of the powers set forth in or referred to in this section of this chapter are hereby expressly granted.

Powers and duties. In accordance with the provisions of N.J.S.A. 40:55D-1 et seq. the Planning Board is hereby designated as the referral agency to the Council of the City of Absecon City in administering the provisions of the Land Use and Development Regulations of the City, which powers are incorporated herein by reference to the aforesaid laws and are hereby expressly granted. The Chairman of said Planning Board shall, with the approval of the majority of the Board, appoint a Subdivision Committee to exercise the powers expressed in N.J.S.A. 40:55D-1 et seq., repealed which powers are incorporated herein by reference to the aforesaid laws and are hereby expressly granted.

Hearings; procedure. Hearings shall be in accordance with N.J.S.A. 40:55D-10.

Compliance with regulations. In the discharge of any power granted by this Article, the Planning Board shall comply with the conditions, standards, procedures and regulations enumerated in the section of this Code and N.J.S.A. 40:55D-1 et seq.

§ 3-116 Zoning Board of Adjustment.

Membership; terms; vacancies.

The Zoning Board of Adjustment shall consist of seven regular members. All regular members and any alternate members shall be municipal residents. The term of each regular member shall be four years, and the term of each alternate member shall be two years. A vacancy occurring otherwise than by expiration of term shall be filled for the unexpired term only.

The Board of Adjustment shall elect a chairman and vice chairman from its regular members and select a secretary, who may or may not be a member of the Board of Adjustment or a municipal employee.

No member may hold any elective office or position under the municipality. No member of the Board of Adjustment shall be permitted to act on any matter in which he has, either directly or indirectly, any personal or financial interest. A member may, after public hearing if he requests it, be removed by the Governing Body for cause. [N.J.S.A. 40:55D-69]

Powers.

The Board of Adjustment shall have the power to:

(a)

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 provisions of this Code adopted pursuant to N.J.S.A. 40:55D-62 through 68.

[1]

Appeals to the Board of Adjustment may be taken by an interested party. Each appeal shall be taken within 20 days prescribed by N.J.S.A. 50:55D-72 by filing a notice of appeal with the officer from whom the appeal was taken, together with three copies of the notice with the Secretary of the Board of Adjustment. The notice of appeal shall specify the grounds for the appeal. The officer 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.

[2]

An appeal stays all proceedings in furtherance of the action in respect of which the decision appealed from was made, unless the officer from whom the appeal is taken certifies to the Board of Adjustment 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 cases, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board of Adjustment or by the Superior Court of New Jersey on application or notice to the officer from whom the appeal is taken and on due cause shown.

[3]

The Board of Adjustment may, in conformity with the provisions of N.J.S.A. 40:55D-1 et seq., reverse or affirm wholly or partly or may modify the order, requirements, decision or determination appealed from, and make such other requirement, decision or determination as sought to be made, and to that end have all the powers of the administrative officer from whom the appeal was taken.

(b)

Hear and decide requests for interpretation of the zoning map or zoning provisions of this Code adopted pursuant to N.J.S.A. 40:55D-62 through 68, or for decisions upon other special questions upon which such Board is authorized by this law to pass.

(c)

Grant, upon an application or an appeal, relief from regulations pursuant to N.J.S.A. 40:55D-62 through 68, except those departures enumerated in N.J.S.A. 40:55D-70d, where:

[1]

The strict application of such regulation would result in peculiar and exceptional practical difficulties to, or exceptional and undue hardship upon the developer of a property for any of the following reasons:

By reason of exceptional narrowness, shallowness or shape of the specific piece of property; or

ii.

By reasons of exceptional topographic conditions or physical features uniquely affecting the specific piece of property; or

iii.

By reason of an extraordinary and exceptional situation uniquely affecting a specific piece of property or the structures lawfully existing thereon; or

[2]

The purposes of N.J.S.A. 40:55D-1 et seq. would be advanced by a deviation from the zoning ordinance requirements and the benefits of the deviation would substantially outweigh any detriment, and further provided that the fact that a proposed use is an inherently beneficial use shall not be dispositive of a decision on a variance under this subsection.

(d)

Grant, upon an application or an appeal, in particular cases and for special reasons, by affirmative vote of at least five members, a variance to allow departures from regulations pursuant to N.J.S.A. 40:55D-62 through 68 to permit the following:

[1]

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

[2]

An expansion of a nonconforming use;

[3]

Deviation from a specification or standard pertaining solely to a conditional use;

[4]

An increase in the permitted floor area ratio as defined in N.J.S.A. 40:55D-4;

[5]

An increase in the permitted density as defined 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;

[6]

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

If an application for development requests one or more variances but not a variance for a purpose enumerated under paragraphs (1)(d) of this subsection, the decision on the requested variance or variances shall be rendered under paragraph (1)(c) of this subsection.

No variance or other relief may be granted under the terms of N.J.S.A. 40:55D-70d, including a variance or other relief involving an inherently beneficial use, without a showing that 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 this chapter. An application under this subsection may be referred to any appropriate person or agency, provided such reference shall not extend the period of time within which the Board of Adjustment shall act.

The Board of Adjustment shall have the power to grant to the same extent and subject to the same restrictions as the Planning Board subdivision or site plan approval pursuant to N.J.S.A. 40:55D-37 through 59 or conditional use approval pursuant to N.J.S.A. 40:55D-67 whenever the proposed development requires approval by the Board of Adjustment of a variance pursuant to N.J.S.A. 40:55D-70d. The developer may elect to submit a separate application requesting approval of the variance and a subsequent application for any required approval of a subdivision, site plan or conditional use. The separate approval of the variance shall be conditioned upon grant of all required subsequent approvals by the Board of Adjustment. No such subsequent approval shall be granted unless such 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 zoning regulations. The number of votes of the Board members required to grant any such subsequent approval shall be as otherwise provided in N.J.S.A. 40:55D-1 et seq. for the approval in question, and the special vote pursuant to the aforesaid subsection d. of N.J.S.A. 40:55D-70 shall not be required.

The Board of Adjustment shall have the power to direct issuance of a permit pursuant to N.J.S.A. 40:55D-34 for a building or structure in the bed of a mapped street or public drainageway, flood control basin or public area reserved on the official map. The Board of Adjustment shall not exercise the power otherwise granted by this section if the proposed development required approval by the Planning Board of a subdivision, site plan, or conditional use in conjunction with which the Planning Board has the power to direct the issuance of a permit pursuant to N.J.S.A. 40:55D-60b.

The Board of Adjustment shall have the power to direct issuance of a permit pursuant to N.J.S.A. 40:55D-36 for a building or structure not related to a street. The Board of adjustment shall not exercise the power otherwise granted by this section if the proposed development required approval by the Planning Board of a subdivision, site plan, or conditional use in conjunction with which the Planning Board has the power to direct the issuance of a permit pursuant to N.J.S.A. 40:55D-60c. [N.J.S.A. 40:55D-70]

§ 3-117 through § 3-119. (Reserved)

§ 3-120 Parks, Playgrounds and Recreation Advisory Board.

[1997 Code § 3-50]

There is hereby created a Parks, Playgrounds and Recreation Advisory Board of the City of Absecon City which shall consist of nine members, citizens and residents of the City, to be appointed by the Mayor for the term of three years or until a successor shall have been appointed and qualified.

The Advisory Board, all of whom shall serve without compensation, shall elect from its membership a Chairman and a Secretary.

The Advisory Board shall recommend measures to meet the needs for parks and recreation in the City.

The members of Council Committee of Parks, Playgrounds and Recreation shall be ad hoc members to the Advisory Board.

§ 3-121 Shade Tree Committee.

[1997 Code § 83-1; Ord. No. 11-97; 1997 Code § 83-2; 1997 Code § 83-3; 1997 Code § 83-4; 1997 Code § 83-5; 1997 Code § 83-6; 1997 Code § 83-7; 1997 Code § 83-8; 1997 Code § 83-9; 1997 Code § 83-10]

Established; membership. The City of Absecon City Shade Tree Committee is hereby established. The Advisory Committee shall consist of seven members appointed by the Mayor, who shall be residents of this municipality and shall serve without compensation, except as hereinafter provided.

Terms of office. The members of the Committee shall be appointed for a term of five years and their terms of office shall commence on January 1 next succeeding such appointment.

Organization; officers. The Advisory Committee shall organize annually by the election of one of its members as Chairman and the appointment of Secretary, who need not be a member.

Vacancy. Any vacancy occurring by reason of death or resignation of any member of the Shade Tree Committee shall be appointed for the unexpired term by the Mayor.

Scope and responsibilities. The scope and responsibilities of the Shade Tree Committee shall be as follows:

To prepare programs and plans for consideration by the Governing Body with respect to the purchase, planting, spraying, care, rearing, trimming, preserving and control of the shade and ornamental trees of the City of Absecon City.

To meet with the Governing Body upon its request for discussion of programs and recommendations.

To consult regularly with the Councilperson in charge of public buildings and grounds concerning the shade tree program of the City of Absecon City.

To encourage arboriculture.

Inspection and report to Planning Board.

When application for a major subdivision of land is first submitted to the Planning Board, the Planning Board shall, within two weeks, advise the City of Absecon City Shade Tree Committee of the desired subdivision, whereupon the Committee shall inspect the property involved, noting the number, type and location of the various trees and shrubbery situated on the land proposed to be subdivided, their approximate age and density of growth, and taking into account the necessity for cutting or trimming to meet subdivision requirements.

Within 30 days after receipt of such information, the Shade Tree Committee shall make a written report of its findings to the Absecon Planning Board, together with any recommendation it might desire to make regarding the safeguarding of desirable trees and shrubbery during the course of the subdivision and the erection of buildings in such development.

Powers. The Shade Tree Committee shall have the power to:

Regulate and control the use of the grounds surrounding the shade and ornamental trees and shrubbery so far as may be necessary for their proper growth, care and protection.

Move or require the removal of any tree or part thereof dangerous to public safety.

Administer treatment to or remove any tree situated upon private property which is believed to harbor a disease or insects readily communicable to neighboring healthy trees in the care of the municipality and enter upon private property for that purpose, with the consent of the owner thereof, provided that this suspected condition is first confirmed by a certificate of the Atlantic County Department of Agriculture.

Cost assessment. The initial costs of all trees planted by the Shade Tree Committee, the cost of planting the same, the cost of the post and boxes or guards used for the protection of the trees and the cost of the removal of any tree or part thereof dangerous to public safety shall be the responsibility of the City of Absecon City.

Appropriations. The City Council of Absecon City shall annually appropriate such sum as it may deem necessary for the purchase of trees and shrubbery, the purchase of necessary equipment and the materials and for the cost of services for the promotion of the work.

Authority of governing body not superseded. Nothing contained in this Article shall be held to take away or diminish any of the powers or authority of the City Council over the trees or shrubbery in the City of Absecon City within its jurisdiction or to give any other commission or board any power or authority with respect to such trees or shrubbery.

§ 3-122 Financial Advisory Board established.

[1997 Code § 34-1; Ord. No. 01-99; 1997 Code § 34-2; Ord. No. 01-99; 1997 Code § 34-3; Ord. No. 01-99; 1997 Code § 34-4; Ord. No. 01-99; 1997 Code § 34-5; Ord. No. 01-99; 1997 Code § 34-6; Ord. No. 01-99; 1997 Code § 34-7; Ord. No. 01-99; 1997 Code § 34-8; Ord. No. 01-99]

Established. A Financial Advisory Board (hereinafter referred to as the "Board") is hereby established for and in the City of Absecon.

Duties. The duties of the Financial Advisory Board shall be as follows:

To assist and make recommendations to the Revenue, Appropriations and Finance Committee of the Council of the City of Absecon regarding all matters relating to the financial, tax and insurance aspects of the municipality.

To make recommendations and suggestions, utilizing their experience and expertise by assisting the Council of the City of Absecon to help improve the financial aspects of the municipality.

To undertake such other activities related to the financial issues of the municipality that the Council of the City of Absecon may, from time to time, authorize by resolution.

Membership; terms; officers.

The Board shall consist of three residents of the City of Absecon, appointed by the Council of the City of Absecon. City Council may also appoint one or more alternate members to the Board.

Members shall serve terms of one year, commencing at the annual reorganization meeting.

The Council of the City of Absecon shall appoint a Chairman of the Board and may appoint a Vice Chairman. The Chairman of the Board may appoint additional officers as needed.

Vacancies and removal.

If a vacancy shall occur, it shall be filled by an appointment to the unexpired term.

All regular members are expected to attend meetings. If a regular member is absent from three successive regularly scheduled meetings, it shall be deemed as cause to request a resignation of such a member, with the concurrence of the Chairman.

The Board Chairman shall immediately inform the City Administrator and City Clerk of resignations.

No member of any Board shall act on any manner in which he has, either directly or indirectly, a personal or financial conflict of interest.

Compensation. The members of the Board shall receive no salary or other compensation for their services, but each member may be entitled to be reimbursed for expenses approved by the Chairman and City Administrator. Purchases shall be in conformity with the purchasing procedures established by the Administrative Code and by the City Administrator.

Meetings.

All meetings of the Board will be open to the public except those excluded by the New Jersey Open Public Meetings Act, N.J.S.A. 10:4-6 et seq.

Meeting shall be held at the Absecon Municipal Complex or some other public building whenever possible.

The City Administrator and City Clerk shall be advised of the time and location of public meetings.

Operating procedures.

The Financial Advisory Board is an advisory body to the Revenue, Appropriations and Finance Committee and shall report to them. This does not preclude the Board from working with the City Administrator and, with his authorization, other personnel of the City, including the City Engineer and City Attorney.

The Board meetings shall include the following:

(a)

It is advisable that all meetings have a written agenda for distribution to each member.

(b)

Minutes are recommended and should include the date and time of the meeting, the names of the members attending and the principle decisions reached. Minutes shall be distributed to Committee members and the City Clerk.

(c)

A schedule of the year's meetings should be proposed and filed with the City Clerk.

(d)

It is recommended that the Chairperson provide new members with a package which includes the names and addresses of other Board members and other pertinent materials.

It is recommended that the Board Chairman distribute recommendations and proposals to the Revenue, Appropriations and Finance Committee for review.