A.
Removal for cause. No member of the Planning Board
shall be permitted to act on any matter in which he/she has, either
directly or indirectly, any personal or financial interest. Any member
other than a Class I member, after a public hearing if he/she requests
one, may be removed by the governing body for cause.
B.
Absent members. When any hearing before a Planning
Board shall carry over two or more meetings, a member of the Board
who was absent for one or more of the meetings shall be eligible to
vote on the matter upon which the hearing was conducted, notwithstanding
his absence from one or more of the meetings; provided, however, that
such Board member has available to him/her a transcript or recording
of the meeting from which he/she was absent and certifies in writing
to the Board that he/she has read such transcript or listened to such
recording.
C.
Quorum. A quorum of the Planning Board shall be a
majority of the full authorized membership.
D.
Organization. The Planning Board shall elect a Chairman
and Vice Chairman from the members of Class IV, select a Secretary
who may or may not be a member of the Planning Board or a municipal
employee and create and fill such other offices as established by
this chapter.
The Planning Board shall follow the provisions
of N.J.S.A. 40:55D-1 et seq. and shall accordingly exercise its power
in regard to this Zoning Ordinance as follows:
A.
Site plan review.
B.
Conditional use approval.
C.
Variances in conjunction with subdivision, site plan
and conditional use approval.
(1)
The Planning Board shall review all use variances
referred to it by the Zoning Board of Adjustment and shall return
a written report with recommendations to it within 45 days. Failure
of the Planning Board to transmit its report within the mandated time
period shall relieve the Board of Adjustment from the requirements
of this subsection.
(2)
The Planning Board shall review all other zoning matters referred to it by any municipal body or municipal officer which by ordinance shall be referred to it. A written report within the time limit and under the same circumstances as Subsection C(1) above shall be made to the referring body or officer.
(3)
Whenever the Planning Board shall have made
a recommendation regarding a matter authorized by this act to another
municipal body, such recommendation may be rejected only by a majority
of the full authorized membership of such other body.
The Planning Board may employ or contract for
and fix the compensation of legal counsel, other than the Municipal
Attorney, and experts and other staff and services as it may deem
necessary, not exceeding, exclusive of gifts or grants, the amount
appropriated by the governing body for its use.
The Planning Board, when reviewing applications
for approval of subdivision plats, site plans or conditional uses,
shall have the power to grant to the same extent and subject to the
same restrictions as the Board of Adjustment for the following:
A.
Variances, pursuant to Section 57c of the Municipal
Land Use Law (N.J.S.A. 40:55D-1 et seq.) commonly known as "C" or
"bulk" variances, from lot area, lot dimensional, setback and yard
requirements, provided that relief pursuant to this subsection from
lot area requirements shall not be granted for more than one lot.
B.
Direct the issuance of a permit for a building or
structure not related to a street where the enforcement of the requirement
that every lot shall abut a street giving access to such proposed
building or structure where the enforcement here would entail practical
difficulty or unnecessary hardship or where the circumstances of the
case do not require the building or structure to be related to a street.
The Planning Board may, upon application or appeal, direct the issuance
of a permit subject to conditions that will provide adequate access
for fire-fighting equipment, ambulances and other emergency vehicles
necessary for the protection of health and safety.
