[Amended 12-18-2000 by Ord. No. 00-19]
A.
There is hereby established in and for the City of
Salem a Planning Board of nine members consisting of the following
four classes pursuant to N.J.S.A. 40:55D-23:
(1)
Class I: the Mayor or the Mayor's designee in the
absence of the Mayor.
(2)
Class II: one of the officials of the city, other
than a member of the City Council. The Class II member may be a member
of the Environmental Commission; if it is not, then one of the six
Class IV members must be a member of the Environmental Commission.
The Class II member shall be appointed by the Mayor.
(3)
Class III: one member of the City Council. The Class
III member shall be appointed by the City Council.
(4)
Class IV: six other citizens of the city, to be appointed
by the Mayor. The Class IV members shall hold no other City office,
position or employment (however membership on a City 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); except that One Class IV member
may be a member of the Historic Preservation Advisory Board or Commission;
One Class IV member may be a member of the Board of Education; and
One Class IV member shall be a member of the Environmental Commission
unless the Class II member is a member of the Environmental Commission.
B.
In addition to the foregoing, up to four alternate
members may be appointed to the Planning Board by the Mayor. Alternate
members shall be designated at the time of appointment by the Mayor
as "Alternate No. 1," "Alternate No. 2," "Alternate No. 3," and "Alternate
No. 4."
[Amended 12-18-2000 by Ord. No. 00-19]
A.
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.
B.
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.
C.
The term of a Class IV member shall be for four years,
except that the term of a Class IV member who is also a member of
the Environmental Commission, Historic Preservation Advisory Board
or Commission 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 revised section by the Mayor 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.
D.
The term of the alternate members shall be for two
years, except that the term of not more than two alternate members
shall expire in any one year, and provided further that in no instance
shall the terms of the alternate members first appointed by the Mayor
under this revised section exceed two years.
E.
All terms shall run from January 1 of the year in
which the appointment was made.
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.
A.
There is hereby created the office of Planning Board
Solicitor. The Planning Board may annually appoint and fix the compensation
of the Planning Board Solicitor, who shall be an attorney other than
the City Attorney.
B.
The Planning Board may also employ or contract for
the services of experts and staff as it may deem necessary. The Board
shall not, however, exceed, exclusive of gifts or grants, the amount
appropriated by the Council for its use.
A.
The Planning Board shall have the following powers
and duties:
(1)
To make and adopt and from time to time amend a Master
Plan for the physical development of the city, including any areas
outside its boundaries, which in the Board's judgment bear essential
relation to the planning of the city, in accordance with the provisions
of N.J.S.A. 40:55D-28.
(2)
To administer provisions of all development regulations
of the City in accordance with the provisions of said regulations
and the Municipal Land Use Law of 1975, N.J.S.A. 40:55D-1 et seq.
(3)
To consider and make recommendations to the Council
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-26a
and also pass upon other matters specifically referred to the Planning
Board by the Council, pursuant to the provisions of N.J.S.A. 40:55D-26b.
(4)
To assemble data on a continuing basis as part of
a continuous planning process.
(5)
To annually participate in the preparation and review
of a municipal capital improvement program projected over a term of
six years and amendments thereto when requested by the City Council.
(6)
To participate in the preparation and review of programs
or plans required by state or federal law or regulations.
(7)
Pursuant to N.J.S.A. 40:55D-25c(1), the Planning Board
shall exercise, to the same extent and subject to the same restrictions,
all the powers of a board of adjustment; but the Class I and the Class
III members shall not participate in the consideration of applications
for development which involve relief pursuant to N.J.S.A. 40:55D-70d.
After the effective date hereof, any and all references to the "Zoning
Board," "Zoning Board of Adjustment" or the "Board of Adjustment"
shall be deemed to be a reference to the Planning Board.
[Amended 12-18-2000 by Ord. No. 00-19]
(8)
To perform such other advisory duties as are assigned
to it by ordinance or resolutions of the Council for the aid and assistance
of the Council or other agencies or officers.
B.
The Planning Board shall adopt such rules and regulations
as may be necessary to carry into effect the provisions of this Part
2.
