The City of Summit has established a nine-member Planning Board
pursuant to the requirements of the Municipal Land Use Law, N.J.S.A.
40:55D-23.
A.
Regular members. The Summit Planning Board shall consist of nine
members of the following four classes:
1.
Class I: The Mayor or Mayor's designee.
2.
Class II: One of the officials of the City, other than a member of
the Common Council, to be appointed by the Mayor, provided that if
there is an Environmental Commission, the member of the Environmental
Commission who is also a member of the Planning Board as required
by N.J.S.A. 40:56A-1 shall be deemed to be the Class II Planning Board
member for purposes of this Act in the event that there be among the
Class IV or alternate members of the Planning Board both a member
of the Zoning Board of Adjustment and a member of the Board of Education.
3.
Class III: A member of the Common Council to be appointed by the
Common Council.
4.
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 one such member may be
a member of the Zoning Board of Adjustment or Historic Preservation
Commission. A member of the Environmental Commission who is also a
member of the Planning Board as required by N.J.S.A. 40:56A-1 shall
be a Class IV Planning Board member, unless there be amongst the Class
IV or alternate members both a member of the Zoning Board or Historic
Preservation Commission and a member of the Board of Education, in
which case the member common to the Planning Board and Environmental
Commission shall be deemed a Class II member. For the purpose of this
section, membership on a board or commission whose function is advisory
in nature, the establishment of which is discretionary and not required
by statute, shall not be considered the holding of office.
B.
Alternate members. Two alternate members shall be appointed by the
Mayor and shall meet the qualifications of Class IV members of nine-member
Planning Boards. Alternate members shall be appointed for a term of
two years, and at the time of their appointments shall be designated
Alternate No. 1 and Alternate No. 2, respectively. 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. Alternate members may
participate in discussions of the proceedings but may not vote except
in the absence, recusal or disqualification of a regular member. 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.
A.
The term of the member composing Class I shall correspond with his/her
official tenure.
B.
The term of the member composing Class II shall be for one year or
terminate at the completion of his/her first term 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/her term of office
as a member of the Environmental Commission, whichever occurs first.
C.
The term of the member composing Class III shall be for one year
or terminate at the completion of his/her term of office, whichever
occurs first.
D.
The term of a Class IV member who is also a member of the Board of
Adjustment or Board of Education shall terminate whenever he/she is
no longer a member of such other body or at the completion of his/her
Class IV term, whichever occurs first.
E.
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 distributed evenly over the
first four years after their appointment as determined by resolution
of the governing body; provided, however, that no term of any member
shall exceed four years, and further provided that nothing herein
shall affect the terms of any present members of the Planning Board,
all of whom shall continue in office until the completion of the terms
for which they were appointed. Thereafter, all Class IV members shall
be appointed for terms of four years, except as otherwise herein above
provided. All terms shall run from January 1 of the year in which
the appointment is made.
If a vacancy in any class shall occur otherwise than by expiration
of term, it shall be filled by appointment as above provided for the
unexpired term.
Any member other than a Class I member, after a public hearing
if he/she requests one, may be removed by the Common Council for cause.
The Planning Board shall organize annually by selecting from
among its Class IV members a Chairperson and a Vice Chairperson. The
Board shall also select a Secretary, who may or may not be a member
of the Board or a municipal employee, and create and fill such other
offices as established by ordinance.
The Planning Board may annually appoint an attorney at law of
New Jersey, other than the Municipal Attorney, and experts and other
staff and services as it shall deem necessary, not exceeding, exclusive
of gifts and grants, the amount appropriated by the Common Council
for its use.
If the Planning Board lacks a quorum because any of its members
are prohibited by N.J.S.A. 40:55D-69 from acting on a matter due to
the member's personal or financial interest, regular members of the
Zoning 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 Zoning 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. If a choice has to be made between regular members of equal
seniority, the Chairperson of the Zoning Board of Adjustment shall
make the choice.
The Planning Board is authorized to adopt bylaws governing its
procedural operation. It shall also have 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 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.
B.
To approve conditional use applications as authorized by state statute.
C.
To administer the provisions of the Development Regulations Ordinance
of the City in accordance with the provisions of this chapter and
the Municipal Land Use Law of 1975, N.J.S.A. 40:55D-1 et seq.
D.
To participate in the preparation and review of programs or plans
required by state or federal law or regulations.
E.
To assemble data on a continuing basis as part of a continuing planning
process.
F.
To review and make recommendations to the Common Council on the Official
Map of the City pursuant to N.J.S.A. 40:55D-32 and N.J.S.A. 40:55D-26.
G.
If authorized by the governing body, to annually prepare a program
of municipal capital improvement projects over a term of six years,
and amendments thereto, and recommend same to the governing body.
H.
To consider and make report to the governing body 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 Common Council pursuant to the provisions of N.J.S.A. 40:55-D26b.
I.
When reviewing applications for approval of subdivision plats, site
plans or conditional uses, to grant, to the same extent and subject
to the same restrictions as the Zoning Board of Adjustment:
1.
A variance pursuant to N.J.S.A. 40:55D-70c.
2.
Direct the issuance of a permit for a building or structure either
not related to a street (N.J.S.A. 40:55D-36) or in the bed of a mapped
street or public drainageway, flood control basin or public area reserved
on the Official Map (N.J.S.A. 40:55D-32).
3.
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 or direction for issuance of a permit,
as the case may be.
J.
To perform such other advisory duties as are assigned to it by ordinance
or resolution of the Common Council or other agencies or officers.
Prior to the adoption of a development regulation, revision
or amendment thereto, the Planning Board shall make and transmit to
the Common Council, within 35 days after referral, a report, including
identification of any provisions in the proposed development regulation,
revision or amendment which are inconsistent with the Master Plan
and recommendations concerning these inconsistencies and any other
matters as the Board deems appropriate. The Common Council, when considering
the adoption of a development regulation, revision or amendment thereto,
shall review the report of the Planning Board and may disapprove or
change any recommendation by a vote of a majority of its full authorized
membership and shall record in its minutes the reasons for not following
such recommendations. Failure of the Planning Board to transmit its
report within the thirty-five-day period provided herein shall relieve
the Common Council from the requirements of this subsection in regard
to the proposed development regulation, revision or amendment referred
to the Planning Board. Nothing in this section shall be construed
as diminishing the application of the provisions of N.J.S.A. 40:55D-32
to any Official Map or an amendment or revision thereto or of N.J.S.A.
40:55D-62 to any zoning ordinance or any amendment or revision thereto.
The Board shall adopt such rules and regulations as may be necessary
to carry into effect the provisions and purposes of this chapter.
In the issuance of subpoenas, administration of oaths and taking of
testimony, the provisions of the county and Municipal Investigations
Law of 1953 (N.J.S.A. 2A:67A-1 et seq.) shall apply.
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 committee shall have no power to vote or take other
action required of the Board. Such persons shall serve at the pleasure
of the Mayor.
