A.
There is hereby established a Planning Board of nine members and
four alternate members of the following four classes:
(1)
Class I: the Mayor.
(2)
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.
(3)
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.
(4)
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.
B.
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.
A.
The term of the Class I member shall correspond with his official
tenure.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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.
G.
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.
H.
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:
A.
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.
C.
To participate in the preparation and review of programs or plans
required by state or federal law or regulation.
D.
To assemble data on a continuing basis as part of a continuous planning
process.
E.
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.
F.
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.
G.
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:
(1)
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.
(2)
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.
(3)
Authorizations for issuance of permits for buildings or structures
not related to a street.
H.
To grant conditional uses in accordance with the provisions of this
chapter.
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.
J.
To administer the provisions of Chapter 358, Soil Erosion and Sediment Control, to the extent provided by ordinance.
K.
To administer the provisions of the ordinances and laws relating
to planned development.
L.
To exercise such powers and duties as the Planning Board may be given under Part 4, Zoning, of this chapter.
M.
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).
N.
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.
