[HISTORY: Adopted by the Township Committee of the Township
of Washington 3-6-1987 by Ord. No. 1987-1. Amendments noted where applicable.]
GENERAL REFERENCES
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]
A.
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:
B.
Class III and Class IV members:
(1)
Class III: A member of the Township Committee, to be appointed by
the Township Committee.
(2)
Class IV: Six citizens of the Township, to be appointed by the Mayor.
(a)
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.
(b)
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.
(c)
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.
(d)
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.
C.
Terms.
(1)
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.
(2)
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.
(3)
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.
(4)
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.
(5)
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.
(6)
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.
(7)
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.
D.
Alternate No. 1 and Alternate No. 2.
(1)
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."
(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.
(3)
A vacancy occurring otherwise than by expiration of term shall be
filled by the appointing authority for the unexpired term only.
(4)
No alternate member shall be permitted to act on any matter in which
he has either directly or indirectly any personal or financial interest.
(5)
An alternate member may, after public hearing if he requests one,
be removed by the governing body for cause.
(6)
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.
E.
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.
