A.
Pursuant to the provisions of P.L. 1975, c. 291, Section 14,[1] there is hereby established a Planning Board, which shall
consist of nine members. The membership of the Planning Board shall
consist of and be divided into the following four classes:
(1)
Class I: the Mayor of the City of Atlantic City.
(2)
Class II: one official of the City of Atlantic City, other than a
member of the City Council, appointed by the Mayor.
(3)
Class III: one member of the City Council, appointed by it.
(4)
Class IV: six other citizens of the City of Atlantic City, appointed
by the Mayor. The members of Class IV shall hold no other City office,
except that one member may be a member of the Board of Adjustment
and one may be a member of the Board of Education.
[1]
Editor's Note: See N.J.S.A. 40:55D-23.
B.
Alternate members. There shall be appointed to the Planning Board
by the Mayor not more than two alternate members. The alternates shall
meet the qualifications of Class IV members and shall be designated
at the time of appointment as "Alternate No. 1" and "Alternate No.
2."
[Added 7-20-1983 by Ord. No. 32-1983]
A.
Terms.
(1)
The term of the Class I member of the Planning Board shall correspond
to his official tenure. The terms of the members composing Class II
and Class IE shall be for one year or for the remainder of their respective
terms of office, whichever is shorter. 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 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 chapter
shall be so determined that, to the greatest extent practicable, the
expiration of such terms shall be distributed evenly over the first
four years after their appointment, 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. Members of the Planning
Board on the effective date of this chapter shall continue in office
until the completion of their terms as provided by law immediately
prior to the effective date of this chapter. Any new appointments
or reappointments to the Planning Board shall be governed by the provisions
of this chapter.
(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 appointing authority
for the unexpired term only.
[Added 7-20-1983 by Ord. No. 32-1983]
B.
Vacancy. Permanent vacancies on the Planning Board shall be filled
by appointment, as provided above, for the unexpired term of the former
member whose place has become vacant.
C.
Removal. Any member of the Planning Board, other than the Mayor,
may be removed by the City Council for cause. If the member being
removed for cause so requests, he shall be granted a public hearing.
Cause for removal of a member shall include any undisclosed or unlawful
conflict of interest; any violation of the codes, ordinances or rules
applicable to the member's performance of his duties; any unwillingness
or inability to carry out his duties in a prompt, conscientious and
competent manner; any conduct tending to cast doubt upon the integrity
or objectivity of the member in performing his duties; or any other
specific conduct of the member found by the City Council to be detrimental
to the proper functioning of the Board.
D.
Salary. Members of the Planning Board shall serve without compensation
but shall be entitled, to the extent that available funds are appropriated
by the City Council in its budget therefor, to reimbursement for reasonable
expenses necessarily incurred in the performance of their duties.
The Planning Board shall annually elect a Chairman and a Vice
Chairman from among its Class IV members. The Chairman shall preside
at all meetings and hearings and fulfill the customary functions of
that office. In the absence of the Chairman, the Vice Chairman shall
act as Chairman and shall have all the powers of the Chairman. The
Vice Chairman shall have such other powers and duties as may from
time to time be provided by the rules of the Board. The Chairman and
the Vice Chairman may administer oaths.
A.
The Land Use Administrator shall provide the Planning Board with professional advice on planning matters and with administrative services and shall be responsible for directing and coordinating all professional and administrative staff serving the Planning Board. The Land Use Administrator or his delegate shall attend all proceedings of the Planning Board and shall offer all technical advice and assistance which may be requested by the Chairman of the Planning Board. The Land Use Administrator or his delegate shall also provide for the taking of minutes at all Planning Board proceedings pursuant to § 163-23 of this chapter.
[Amended 6-15-1988 by Ord. No. 1-1988]
B.
The Planning Board may, subject to a prior appropriation therefor
by the City Council, hire a Secretary, who may or may not be a member
of the Planning Board or a municipal employee, to assist the Planning
Board and the Land Use Administrator.
C.
The Planning Board shall employ or contract for the services of legal
counsel, to be known as the "Solicitor to the Planning Board," and
shall fix the compensation of said Solicitor at an amount not exceeding,
exclusive of grants and gifts, the amount appropriated by the City
Council for such purpose. The Solicitor to the Planning Board shall
act as legal advisor to the Board, and he or his delegate shall attend
all hearings of the Planning Board unless excused by the Chairman;
shall attend any meetings of the Board at which his presence is requested;
shall review and give his opinion concerning the legal sufficiency
of any provision, code, ordinance, rule or regulation or amendments
thereto relating to land use development and regulation presently
in force or proposed for adoption by any official, department, bureau,
board, commission or agency of the City; and shall be available, on
reasonable request, for consultation with the Planning Board concerning
matters properly subject to its jurisdiction and authority. The Solicitor
to the Planning Board or his delegate shall also provide advice and
aid to the Land Use Administrator in the enforcement of this chapter
and shall, where directed by the Planning Board, initiate such legal
actions as may be necessary to the proper enforcement of this chapter.
D.
The Planning Board may also employ or contract for such experts,
consultants and other staff and services as it may deem necessary;
provided, however, that the cost of such services shall not exceed,
exclusive of grants and gifts, the amount appropriated by the City
Council for such purpose.
The Mayor may appoint one or more persons as a Citizens' Advisory
Committee to assist or collaborate with the Planning Board in its
duties, but such person or persons shall have no power to vote or
take other action required of the Board. Such person or persons shall
serve at the pleasure of the Mayor.
A.
No action shall be taken at any Planning Board meeting or hearing
without a quorum, consisting of five members, being present. The concurring
votes of a majority of the members voting, but not less than three
votes, shall be necessary to any action by the Planning Board.
[Amended 6-15-1988 by Ord. No. 1-1988]
B.
A member absent from any portion of a meeting or hearing or, where
a meeting or hearing is carried over to two or more sessions, from
one or more of the sessions shall be eligible to vote upon the matter
heard, notwithstanding his absence, provided that such Board member
shall first certify on the record that he has read a transcript or
listened to a recording of the session or sessions or part thereof
from which he was absent.[1]
[1]
Editor's Note: Former Subsection C, which dealt with dissenting
reports and which immediately followed this subsection, was repealed
6-15-1988 by Ord. No. 1-1988.
A.
The Planning Board shall fix the time and place for holding its regular
meetings, provided that a meeting shall be scheduled not less than
once each month and shall be held as scheduled unless canceled for
lack of applications for development to process or other business
to conduct. The Planning Board may provide for special meetings at
the call of the Chairman or at the request of any two of its members,
which shall be held after notice to its members and the public in
accordance with the provisions of the Open Public Meetings Act, P.L.
1975, c. 231,[1] and the rules of the Planning Board. All regular meetings
and all special meetings of the Planning Board shall be open to the
public; provided, however, that the Board may meet in executive session,
and these sessions shall not be deemed a regular or special meeting.
All testimony at any meeting of the Planning Board shall be giver
under oath.
[Amended 6-15-1988 by Ord. No. 1-1988]
[1]
Editor's Note: See N.J.S.A. 10:4-6 et seq.
C.
The Planning Board shall adopt its own rules for the conduct of its business, meetings and hearings not inconsistent with this chapter and the statutes of the State of New Jersey. Such rules shall be filed with the Land Use Administrator, and copies thereof shall be available to any person upon request and the payment of a fee pursuant to Part 1, Article III, of this chapter. Any rule so adopted which relates solely to the conduct of the Board's meetings or hearings and which is not mandated by this chapter or the statutes of the State of New Jersey may be waived by the Board upon good cause being shown.
A.
Minutes of every regular or special meeting and of every hearing shall be kept and shall include the names of the persons appearing and addressing the Planning Board and of the persons appearing by attorney, the action taken by the Planning Board, the findings, if any, made by it and reasons therefor. In addition, a verbatim recording as provided for in § 163-198H(5) of this chapter, shall be made of every hearing conducted by the Board.
[Amended 6-15-1988 by Ord. No. 1-1988]
B.
The minutes; verbatim recordings from any required public hearing; all applications, requests, exhibits and papers filed in any proceeding before the Planning Board; and the decision and report or reports of the Board shall constitute the record of any matter brought before the Board. The records of the Board's activity shall be made available for public inspection during normal business hours at the office of the Land Use Administrator. Any interested party shall have the right to compel production of such records for use and evidence in any legal proceedings concerning the subject matter of such records. Such interested party shall be charged a fee for reproduction of such records as provided in Part 1, Article III, of this chapter.
[Amended 6-15-1988 by Ord. No. 1-1988]
C.
Every decision of the Planning Board upon an application for an amendment of this chapter, for conditional use approval, for site plan/subdivision plat approval or for a variance pursuant to Part 4, Article XVIII, and Part 5 of this chapter shall be by written resolution, which shall include findings of fact, shall refer to the evidence in the record and to the exhibits, plans or specifications upon which such decision is based, shall specify the reason or reasons for such decision and shall contain a conclusion or statement separate from the findings of fact which shall set forth the recommendation of the Board or shall grant approval, grant conditional approval subject to expressly stated modifications or deny approval. Every resolution shall expressly set forth any limitations or conditions imposed on or recommended with respect to any approval granted or recommended or any development, work or use authorized or recommended.
D.
In reaching its decision on any such application, the Planning Board
may rely on the personal knowledge of its members, on its inspections
of the property and on any reports available to it; provided, however,
that reliance on such matter shall not be allowed unless the Board
shall have made the particular knowledge, inspection or report a matter
of record at the public hearing and afforded every party reasonable
time to respond to it or, in any case where no public hearing before
the Planning Board is required, shall have expressly noted such knowledge,
inspection or report in its recommendation to the body charged with
conducting a hearing or taking final action on the application.
E.
The Planning Board shall take no final or binding vote on any decision
pertaining to the aforesaid applications unless it shall first have
before it the written resolution herein required; provided, however,
that where special circumstances warrant it, the Planning Board may
take final action on any such application prior to the preparation
of such resolution, but in such event it shall, before taking such
action, first state its findings and conclusions as above required
at a meeting open to the public and shall, in addition, state the
special circumstances warranting such action.
F.
In any case where this chapter provides that the failure of the Planning
Board to act within a fixed period shall be deemed a grant or denial
of or a recommendation upon an application, such failure shall, notwithstanding
the absence of required findings and conclusions, be considered to
be a decision or recommendation of the Board rendered on the day following
the expiration of such fixed period.
G.
Within 10 days following any decision on such application, the Land Use Administrator shall mail notice thereof to each person entitled to notice pursuant to § 163-200A of this chapter. A brief notice of the decision of the Board shall be placed in a newspaper having general circulation.
[Amended 6-15-1988 by Ord. No. 1-1988]
H.
As to other matters brought before the Planning Board, the Board
shall prepare such report as it shall deem appropriate to the subject
matter.
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.
The Planning Board shall have the following jurisdiction and
authority:
J.
To assemble data on a continuing basis as a part of a continuous
planning process.
K.
Subject to the right of the applicant to receive a decision within
the time periods specified by this chapter, to make referrals in addition
to those expressly required by this chapter to persons or agencies
for their recommendations.
L.
To aid and assist the City Council and the departments and agencies
of the City in implementing general plans and in planning, developing
and completing specific projects.
M.
To review and report on any matter referred to it by the City Council
or the Board of Adjustment.
N.
To perform such other advisory duties as are assigned to it by ordinance
or resolution of the City Council for the aid and assistance of the
City Council or other agencies or officers.
O.
Upon reasonable, written request, to make its special knowledge and
expertise available to any official, department, bureau, board, commission
or agency of the City, county, state or federal governments to aid
them in the performance of their respective duties relating to the
planning and development of the City and its region and to participate
in the preparation and review of programs or plans required by state
or federal law or regulation.
P.
In furtherance of the above jurisdiction and authority, to make such
investigations, maps and reports and recommendations in connection
therewith relating to the planning and development of the City of
Atlantic City as seem desirable to it; provided, however, that the
expenditures of the Board shall not exceed the amounts appropriated
therefor.
[Amended 6-15-1988 by Ord. No. 1-1988]
Any interested person may appeal any final decision of the Planning Board to the court of proper jurisdiction; to the Board of Public Utility Commissioners in the cases specified in and pursuant to the provisions of Part 5, Article XXXII, of this chapter; and, to the extent and in the manner authorized by New Jersey law, to any court of competent jurisdiction.
