Township of Knowlton, NJ Article 2 Planning Board

§ 11-4 Establishment.

The Planning Board previously established is hereby continued pursuant to the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.) in the Township of Knowlton and shall consist of nine members consisting of the following four classes:

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

[Amended 2-10-1997 by Ord. No. 97-1]

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: six other 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. No member of the Board of Education may be a Class IV member of the Planning Board, except that in the case of a nine-member Board, one Class IV member may be a member of the Board of Education. If there is a Municipal Environmental Commission, the member of the Environmental Commission who is also a member of the Planning Board, as required by Section 1 of P.L. 1968, c.245 (N.J.S.A. 40:56A-1), shall be a Class IV Planning Board member, unless there is 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.

§ 11-5 Terms; conflicts of interest.

A. Terms.

(1) The term of the member composing Class I shall correspond with his or her 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 a Class IV member who is also a member of the Environmental Commission shall be for three years or terminate at the completion of the member's term of office as a member of the Environmental Commission, whichever occurs first.

(2) The terms of a Class IV member who is also a member of the Zoning Board of Adjustment or the Board of Education shall terminate whenever he or she is no longer a member of such body or at the completion of his or her Class IV term, whichever occurs first.

(3) 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 evenly distributed over the first four years after their appointment, provided that the initial Class IV term of no member shall exceed four years. Thereafter, the Class IV term of each such member shall be four years.

(4) 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 are appointed.

(5) All terms shall run from January 1 of the year in which the appointment was made.

B. No member shall be permitted to act on any matter in which a member has, either directly or indirectly, any personal or financial interest. A member may, after public hearing if the member requests one, be removed by the governing body for cause.

§ 11-6 Vacancies.

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.

§ 11-6.1 Removal.

[Added 4-27-1995 by Ord. No. 95-5]

Any member, other than the Class I member, after a public hearing if one is requested, may be removed by the governing body for cause.

§ 11-7 Alternate members.

A. There shall be two alternate members of the Planning Board appointed by the Mayor and meeting the qualifications of Class IV members. The alternate members shall be designated at the time of appointment by the Mayor as "Alternate No. 1" and "Alternate No. 2." 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 one alternate member shall expire in any one year; provided, however, that in no instance shall the terms of the alternate members first appointed exceed two years. Notwithstanding the aforesaid, the initial terms of the members shall be arranged so as to accomplish the intent of this section. A vacancy occurring otherwise than by expiration of term shall be filled by the Mayor for the unexpired term only.

B. The alternate members may participate in discussions of the proceedings 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.

C. No alternate member shall be permitted to act on any matter in which the member has, either directly or indirectly, any personal or financial interest. An alternate member may, after public hearing if the member requests one, be removed by the Mayor and Township Committee for cause.

D. If the Planning Board lacks a quorum because of its regular or alternative members being prohibited by reason of disqualification from acting due to the members' personal or financial interests therein, regular members of the Board of Adjustment shall be called upon to serve, for that matter only, as temporary members of the Planning Board in order of seniority of continuous service to the Board of Adjustment until there are the minimum number of members necessary to constitute a quorum to act upon the matter without any personal or financial interest therein, whether direct or indirect. If a choice has to be made between regular members of equal seniority, the Chairperson of the Board of Adjustment shall make the choice.

§ 11-8 Organization.

The Planning Board shall elect a Chairperson and Vice Chairperson from the members of Class IV and elect a Secretary who may or may not be a member of the Planning Board or a municipal employee.

§ 11-9 Powers and duties.

The Planning Board shall have the following powers and duties:

A. 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.

B. Approve or deny applications for development in accordance with the provisions of this chapter.

C. Approve or deny conditional use applications in accordance with the provisions of Part VI, Zoning, pursuant to N.J.S.A. 40:55D-67.

D. Prepare and recommend for adoption an Official Map pursuant to N.J.S.A. 40:55D-32.

E. Prepare, when authorized by the governing body, a capital improvements program pursuant to N.J.S.A. 40:55D-29.

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

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

H. Consider and make a report to the governing body within 35 days after referral as to any proposed development regulation, revision or amendment thereto submitted to the Planning Board pursuant to the provisions of N.J.S.A. 40:55D-26a, and also to pass upon other matters specifically referred to the Planning Board by the governing body, pursuant to the provisions of N.J.S.A. 40:55D-26b.

I. When reviewing application for approval of a subdivision plat, site plan or conditional use, grant, to the same extent and subject to the same restrictions as the Zoning Board of Adjustment, variances, pursuant to N.J.S.A. 40:55D-70c, from lot area and lot dimensional, setback and yard requirements. Whenever relief is requested pursuant to this subsection, notice of a hearing on the application for development shall include reference to the request for a variance.

J. 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.

§ 11-10 Citizens advisory committee.

The Mayor may appoint one or more persons as a Citizens Advisory Committee to assist or collaborate with the Planning 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.