The Planning Board previously established is hereby continued
pursuant to the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.)
in the Township of Knowlton and shall consist of nine members consisting
of the following four classes:
A.
Class I: the Mayor or the Mayor's designee in absence of the Mayor.
[Amended 2-10-1997 by Ord. No. 97-1]
B.
Class II: one of the officials of the municipality other than a member
of the governing body to be appointed by the Mayor.
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, position or employment, except that in the case of nine-member Boards, one such member may be a member of the Zoning Board of Adjustment or Historic Preservation Commission. No member of the Board of Education may be a Class IV member of the Planning Board, except that in the case of a nine-member Board, one Class IV member may be a member of the Board of Education. If there is a Municipal Environmental Commission, the member of the Environmental Commission who is also a member of the Planning Board, as required by Section 1 of P.L. 1968, c.245 (N.J.S.A. 40:56A-1), shall be a Class IV Planning Board member, unless there is among the Class IV or alternate members of the Planning Board both a member of the Zoning Board of Adjustment or Historic Preservation Commission and a member of the Board of Education, in which case the member common to the Planning Board and Municipal Environmental Commission shall be deemed a Class II member of the Planning Board. For the purpose of this section, membership on a municipal 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.
A.
Terms.
(1)
The term of the member composing Class I shall correspond with his
or her 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 the member's term of office as a member of the
Environmental Commission, whichever occurs first.
(2)
The terms of a Class IV member who is also a member of the Zoning
Board of Adjustment or the Board of Education shall terminate whenever
he or she is no longer a member of such body or at the completion
of his or her Class IV term, whichever occurs first.
(3)
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, 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.
(4)
Nothing herein shall affect the term of any present member of the
Planning Board, all of whom shall continue in office until the completion
of the term for which they are appointed.
(5)
All terms shall run from January 1 of the year in which the appointment
was made.
B.
No member shall be permitted to act on any matter in which a member
has, either directly or indirectly, any personal or financial interest.
A member may, after public hearing if the member requests one, be
removed by the governing body for cause.
If a vacancy of any class shall occur otherwise than by expiration
of term, it shall be filled by appointment, as above provided, for
the unexpired term.
[Added 4-27-1995 by Ord. No. 95-5]
Any member, other than the Class I member, after a public hearing
if one is requested, may be removed by the governing body for cause.
A.
There shall be two alternate members of the Planning Board appointed
by the Mayor and meeting the qualifications of Class IV members. The
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. Notwithstanding the aforesaid, the initial
terms of the members shall be arranged so as to accomplish the intent
of this section. A vacancy occurring otherwise than by expiration
of term shall be filled by the Mayor for the unexpired term only.
B.
The 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.
C.
No alternate member shall be permitted to act on any matter in which
the member has, either directly or indirectly, any personal or financial
interest. An alternate member may, after public hearing if the member
requests one, be removed by the Mayor and Township Committee for cause.
D.
If the Planning Board lacks a quorum because of its regular or alternative
members being prohibited by reason of disqualification from acting
due to the members' personal or financial interests therein, regular
members of the Board of Adjustment shall be called upon to serve,
for that matter only, as temporary members of the Planning Board in
order of seniority of continuous service to the Board of Adjustment
until there are the minimum number of members necessary to constitute
a quorum to act upon the matter without any personal or financial
interest therein, whether direct or indirect. If a choice has to be
made between regular members of equal seniority, the Chairperson of
the Board of Adjustment shall make the choice.
The Planning Board shall elect a Chairperson and Vice Chairperson
from the members of Class IV and elect a Secretary who may or may
not be a member of the Planning Board or a municipal employee.
The Planning Board shall have the following powers and duties:
A.
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 the municipality, in accordance with the provisions
of N.J.S.A. 40:55D-28.
B.
Approve or deny applications for development in accordance with the
provisions of this chapter.
C.
Approve or deny conditional use applications in accordance with the
provisions of Part VI, Zoning, pursuant to N.J.S.A. 40:55D-67.
D.
Prepare and recommend for adoption an Official Map pursuant to N.J.S.A.
40:55D-32.
E.
Prepare, when authorized by the governing body, a capital improvements
program pursuant to N.J.S.A. 40:55D-29.
F.
Participate in the preparation and review of programs or plans required
by state or federal law or regulations.
G.
Assemble data on a continuing basis as part of a continuous planning
process.
H.
Consider and make a report to the governing body within 35 days after
referral as to any proposed development regulation, revision or amendment
thereto submitted to the Planning Board pursuant to the provisions
of N.J.S.A. 40:55D-26a, and also to 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.
I.
When reviewing application for approval of a subdivision plat, site
plan or conditional use, grant, to the same extent and subject to
the same restrictions as the Zoning Board of Adjustment, variances,
pursuant to N.J.S.A. 40:55D-70c, from lot area and lot dimensional,
setback and yard requirements. Whenever relief is requested pursuant
to this subsection, notice of a hearing on the application for development
shall include reference to the request for a variance.
J.
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.
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.