There is hereby established, pursuant to P.L.
1975, c. 291,[1] a Planning Board of nine members consisting of the following
four classes:
A.
Class I: the Mayor.
B.
Class II: one of the officials of the municipality,
other than a member of the governing body, to be appointed by the
Mayor, provided that if there is an Environmental Commission, the
member of the Environmental Commission who is also a member of the
Planning Board as required by N.J.S.A. 40:56A-1 shall be deemed to
be the Class II Planning Board member, if there are both a member
of the Zoning Board of Adjustment and a member of the Board of Education
among the Class IV or alternate members.
[Amended 8-12-1980 by Ord. No. 80-9]
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, except that one member may be a member of the Zoning
Board of Adjustment and one may be a member of the Board of Education.
A member of the Environmental Commission who is also a member of the
Planning Board as required by N.J.S.A. 40:56A-1 shall be a Class IV
Planning Board member unless there are among the Class IV members
of the Planning Board both a member of the Zoning Board of Adjustment
and a member of the Board of Education, in which case the member of
the Environmental Commission shall be deemed to be the Class II member
of the Planning Board.
E.
Alternate members.[2]
[Added 2-11-1986 by Ord. No. 86-2]
(1)
Two alternate members may be appointed by the Mayor
and shall meet the qualifications of Class IV members. 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 Mayor for the unexpired term only.
(2)
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 Mayor and Council for cause.
(3)
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.
[2]
Editor's Note: Former Subsection E, which
pertained to alternate members, as added 8-12-1980 by Ord. No. 80-9,
was repealed 4-28-1981 by Ord. No. 81-2.
[1]
Editor's Note: See N.J.S.A. 40:55D-23 et seq.
A.
The term of the member composing Class I shall correspond
with his 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 his term of office as a member of the Environmental
Commission, whichever comes first.
B.
The term of a Class IV member who is also a member
of the Board of Adjustment or the Board of Education shall terminate
whenever he is no longer a member of such body or at the completion
of his Class IV term, whichever occurs first.
C.
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, as determined by
resolution of the governing body; provided, however, that no term
of any member shall exceed four years, and further provided that nothing
herein shall affect the terms of any present members of the Planning
Board, all of whom shall continue in office until the completion of
the terms for which they were appointed. Thereafter, all Class IV
members shall be appointed for terms of four years, except as otherwise
herein provided. All terms shall run from January 1 of the year in
which the appointment was made.
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.
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.
The Planning Board shall elect a Chairman and
Vice Chairman from the members of Class IV and select a Secretary,
who may be either a member of the Planning Board or a municipal employee
designated by it. It may employ or contract for and fix the compensation
of legal counsel, other than the Borough 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 Board shall adopt such rules and regulations
as may be necessary to carry into effect the provisions and purposes
of this chapter. It shall also have the following powers and duties:
A.
To 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 a municipality, in accordance with the
provisions of N.J.S.A. 40:55D-28.
B.
To administer the provisions of Chapter 87, Subdivision and Site Plan Review, of the municipality in accordance with the provisions of said ordinance and the Municipal Land Use Law, P.L. 1975, c. 291 (N.J.S.A. 40:55D-1 et seq.).
C.
To approve conditional use applications in accordance with the provisions of Chapter 101, Zoning, pursuant to N.J.S.A. 40:55D-67.
D.
To participate in the preparation and review of programs
or plans required by state or federal law or regulations.
E.
To assemble data on a continuing basis as part of
a continuous planning process.
F.
To annually prepare a program of municipal capital
improvement projects projected over a term of six years, and amendments
thereto, and recommend same to the governing body.
G.
To consider and make report to the governing body
within 35 days after referral as to any proposed development regulation
submitted to it, pursuant to the provisions of N.J.S.A. 40:55D-23a
and also 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.
H.
When reviewing applications for approval of subdivision
plats, site plans or conditional uses, to grant to the same extent
and subject to the same restrictions as the Board of Adjustment.
[Amended 8-12-1980 by Ord. No. 80-9]
(2)
(3)
Direction pursuant to Section 27 of P.L. 1975, c.
291,[4] for issuance of a permit for a building or structure not
related to a street.
|
Whenever relief is requested pursuant to this
section, notice of the hearing on the application for development
shall include reference to the request for a variance or direction
for issuance of a permit, as the case may be.
|
[4]
Editor's Note: See N.J.S.A. 40:55D-36.
I.
To 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.
[Added 7-11-2000 by Ord. No. 2000-8]
Any variance from the terms of this chapter
hereafter granted by the Planning Board, permitting the erection or
alteration of any structure or structures or permitting a specified
use of any premises, shall expire by limitation unless such construction
or alteration shall have actually commenced on each and every structure
permitted by said variance or unless such permitted use has actually
been commenced within one year from the dated publication of the notice
of the judgment or determination of the Planning Board; except, however,
that the running of the period of limitation herein provided shall
be tolled from the date of filing an appeal from the decision of the
Planning Board to the governing body or to a court of competent jurisdiction
until the termination in any manner of such appeal or proceeding.
In the case of variances granted in connection with subdivisions,
the time limits governing said subdivisions shall govern rather than
the aforesaid.
