The Planning Board shall serve as a planning board and a zoning board
of adjustment pursuant to the provisions of N.J.S.A. 40:55D-25c and
shall be established in accordance with the provisions set forth in
N.J.S.A. 40:55D-1 et seq.
The nine-member Board shall exercise all the powers of the Zoning
Board of Adjustment, but the Class I and 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. Any
reference to the Planning Board or Zoning Board of Adjustment in any
existing Bordentown City ordinance or City code shall be deemed to
refer to the Planning Board.
All members of the Planning Board shall be municipal residents and,
pursuant to the Municipal Land Use Law,[1] members shall be appointed and shall consist of the four
following classes as set forth below:
Class IV: six other citizens of the City, to be appointed by the
Mayor. The members of Class IV shall hold no 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: two alternates meeting qualifications of Class
IV members and appointed by the Mayor and designated as, respectively,
"Alternate No. 1" and "Alternate No. 2." 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 Planning Board
who was absent for one or more of the meetings for which a hearing
was held or was not a member of the Planning 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 respective
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 that member's respective
term of office, whichever occurs first.
Class IV. The terms of the members of Class IV shall be four years.
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 the Class IV term, whichever
occurs first. The terms of all Class IV members first appointed 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 the appointments.
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. In no instance shall the terms of the alternate members
first appointed exceed two 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
provided by regular members, for the unexpired term.
No member of the Planning Board shall be permitted to act on any
matter on which the member has, either directly or indirectly, any
personal or financial interest.