[HISTORY: Adopted by the Township Committee of the Township of Washington 3-6-1987 by Ord. No. 1987-1. Amendments noted where applicable.]
Land development — See Ch. 275.
Pursuant to the authority granted by the Laws of 1975, Chapter 291, commonly cited and referred to as the "Municipal Land Use Law," N.J.S.A. 40:55D-1 et seq., as amended by Subsection C of Section 16 of P.L. 1985, c. 516, the Planning Board of the Township of Washington shall consist of nine members and shall exercise to the same extent and subject to the same restrictions all of the powers of the Zoning Board of Adjustment.
Pursuant to Subsection C of Section 16 of P.L. 1985, c. 516, the Class I and III members of such Planning Board shall not participate in the consideration of applications for development which involve relief pursuant to Subsection D of Section 57 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-70).
Immediately upon this chapter taking effect, the Mayor shall appoint two additional Class IV members to the Planning Board for terms that shall be so determined that, to the greatest practicable extent, the expiration of such terms shall be distributed evenly over the next four years, said appointments being made pursuant to Subsection B of Section 14 of P.L. 1985, c. 516.
The present Zoning Board of Adjustment shall be abolished upon the effective date of the enactment of this chapter; subject, however, to the requirements of N.J.S.A. 40:55D-72.1.
[Added 12-2-1993 by Ord. No. 1993-10; amended 4-7-2015 by Ord. No. 2015-02]
Class I and Class II members. The following individuals are appointed by the Mayor to the Washington Township Planning Board as the Class I and II members for the term as identified below:
Class III and Class IV members:
Class III: A member of the Township Committee, to be appointed by the Township Committee.
Class IV: Six citizens of the Township, 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.
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 terms of all Class IV members first appointed under this act 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 their appointments, 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.
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.
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.
Alternate No. 1 and Alternate No. 2.
Individual is appointed by the Mayor. The governing body may, by ordinance, provide for the appointment to the Planning Board of not more than two alternate members. Alternate members shall be appointed by the appointing authority for Class IV members and shall meet the qualifications of Class IV members of nine-member planning boards. 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.
A vacancy occurring otherwise than by expiration of term shall be filled by the appointing authority for the unexpired term only.
No alternate member shall be permitted to act on any matter in which he has either directly or indirectly any personal or financial interest.
An alternate member may, after public hearing if he requests one, be removed by the governing body for cause.
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.
Members of Board of Adjustment may serve as temporary members of Planning Board. If the Planning Board lacks a quorum because any of its regular or alternate members is prohibited by Subsection b of Section 14 of P.L. 1975, c.291 (N.J.S.A. 40:55D-23) or Section 13 of P.L. 1979, c.216 (N.J.S.A. 40:55D-23.1) from acting on a matter due to the member's 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 Chairman of the Board of Adjustment shall make the choice.