There is hereby established a Planning Board of nine members and four alternate members of the following four classes:
Class I: the Mayor.
Class II: one of the officials of the City of Englewood, other than a member of the Council, to be appointed by the Mayor, provided that if both a member of the Board of Adjustment and a member of the Board of Education are Class IV members, then the Class II member shall be a member of the Environmental Commission. One alternate member of Class II shall be appointed by the Mayor. The alternate member may attend and participate in all meetings of the Board and shall vote during the absence or disqualification of the regular Class II member.
Class III: a member of the Council, to be appointed by it. One alternate member of Class III shall be appointed by the Council. The alternate member may attend and participate in all meetings of the Board and shall vote during the absence or disqualification of the regular Class III member.
Class IV: six other citizens of the City of Englewood, to be appointed by the Mayor. The members of Class IV shall hold no other municipal office, except that one Class IV member may be a member of the 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 law, shall be a Class IV member unless both a member of the Board of Adjustment and a member of the Board of Education are Class IV members, in which case the member of the Environmental Commission shall be the Class II member of the Planning Board.
Two other citizens of the City of Englewood shall be appointed by the Mayor as alternate members of Class IV. Alternate members may attend and participate in all meetings of the Board. Such alternate members shall be designated by the Chairperson as "Alternate No. 1" and "Alternate No. 2" and shall vote in rotation during the absence or disqualification of any regular Class IV member.
The term of the Class I member shall correspond with his official tenure.
The terms of the Class II and Class III members and alternate members of Classes II and III shall be for one year or shall terminate at the completion of their respective terms of office, whichever occurs first.
The terms 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 other body or at the completion of his Class IV term, whichever occurs first.
Members of the Planning Board holding office on the effective date of this chapter shall continue in office until completion of their terms as provided by prior law.
The term of the first Class IV member appointed after the effective date hereof shall be for a period of two years, commencing on January 1 next following the effective date hereof. The terms of all Class IV members appointed thereafter shall be for periods of four years.
The terms of the first two Class IV alternate members appointed shall be for periods of one and two years, respectively. The terms of all Class IV alternate members appointed thereafter shall be for periods of two years.
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 shall terminate at the completion of his term of office as a member of the Environmental Commission, whichever occurs first.
All terms shall commence on January 1 of the year in which the appointment is made.
Vacancies occurring otherwise than by expiration of term, in any class, shall be filled by appointment as above provided for the unexpired term.
The Planning Board shall elect a Chairperson and Vice Chairperson 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.
There is hereby created the office of Planning Board Attorney. The Planning Board may annually appoint, fix the compensation of or agree upon the rate of compensation of the Planning Board Attorney, who shall be an attorney other than the Municipal Attorney, provided that such compensation shall not exceed the amount appropriated by the City Council.
[Amended 6-29-2004 by Ord. No. 04-17]
The Planning Board may also employ or contract for the services of experts and other staff and services as it may deem necessary. The Board shall not, however, exceed, exclusive of gifts, grants and contributions, including developers escrows, the amount appropriated by the governing body for its use, as certified by the Chief Financial Officer.
The Planning Board shall have all the powers and duties listed and enumerated in the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.), including, specifically, the following powers and duties:
To make and adopt and from time to time amend a Master Plan for the physical development of the municipality, which Master Plan shall include the specific policy statement referred to in N.J.S.A. 40:55D-28d.
To participate in the preparation and review of programs or plans required by state or federal law or regulation.
To assemble data on a continuing basis as part of a continuous planning process.
To prepare annually a program of municipal capital improvement projects projected over a term of six years, and amendments thereto, and recommend same to the governing body.
To consider and report to the governing body, within 35 days after referral, on any proposed development regulation submitted to it and to pass upon other matters specifically referred to it by the governing body.
To grant, to the same extent and subject to the same restrictions as the Board of Adjustment, the following types of relief when required in connection with subdivision, site plan review or conditional use review:
Variances, pursuant to N.J.S.A. 40:55D-70c, from lot area, lot dimensional, setback and yard requirements, provided that such relief from lot area requirements shall not be granted for more than one lot.
Authorization for issuance of permits for buildings or structures in the bed of a mapped street or public drainageway, in a flood control basin or in a public area reserved on the Official Map or in the Master Plan.
Authorizations for issuance of permits for buildings or structures not related to a street.
To grant conditional uses in accordance with the provisions of this chapter.
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.
To administer the provisions of Chapter 358, Soil Erosion and Sediment Control, to the extent provided by ordinance.
To administer the provisions of the ordinances and laws relating to planned development.
To exercise such powers and duties as the Planning Board may be given under Part 4, Zoning, of this chapter.
To recommend to the City Council acquisition, regulation, or preservation of sites of special historic or scenic value, preservation or regulation of existing natural resources, acquisition, regulation, or preservation of sites or areas involving special architectural design, and acquisition, regulation, or preservation of other public areas, as defined in N.J.S.A. 40:55D-1 et seq. (c. 291, P.L. 1975).
To administer the provisions of such other ordinances and laws as may require review, report, or other action, including redevelopment plan ordinances adopted by the City Council pursuant to the State of New Jersey Local Redevelopment and Housing Law (N.J.S.A. 40A:12A-1 et seq.), including the review of site plans and the granting of variances from redevelopment plan ordinances pursuant to Subsection G above.
[Amended 6-29-2004 by Ord. No. 04-17]
The Board is hereby authorized to adopt such bylaws, rules and regulations not inconsistent with this chapter as may be necessary to carry into effect the provisions and purposes of this chapter.
Five members shall constitute a quorum for the transaction of business; provided, however, that a smaller number may adjourn a meeting. Except as otherwise provided by law, the approval of any application for development by the Planning Board shall require the affirmative vote of a majority of those present and voting, but in no event less than three affirmative votes.