Township of Springfield, NJ Article XIV Planning Board

§ 5-79 Board established; authority.

There shall be a Planning Board established pursuant to the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., and with such powers and duties as are set forth therein and in Chapter 18, Land Use Procedures, of this Code.

§ 5-80 Membership.

A. The Planning Board shall consist of seven members. All members of the Planning Board, except for the Class II members, shall be residents of the Township of Springfield. All terms shall begin on January 1. The membership shall consist of, for convenience in designating the manner of appointment, the four following classes:

(1) Class I: The Mayor or the Mayor's designee in the absence of the Mayor; if the member is the Mayor's designee in the absence of the Mayor, the designee shall serve at the pleasure of the Mayor during the Mayor's official tenure.

(2) Class II: One of the officials of the municipality other than a member of the governing body, to be appointed by the Mayor. The term of the Class II member shall be for one year or terminate at the completion of the term of office, whichever occurs first, unless otherwise provided by law.

(3) Class III: A member of the Township Council to be appointed by it. The term of the Class III member shall be for one year or terminate at the completion of the term of office, whichever occurs first.

(4) Class IV: Four other citizens of the municipality, to be appointed by the Council. The terms of all Class IV members first appointed 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 appointments; 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.

B. 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 be 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 be 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.

C. If a vacancy in any class shall occur otherwise than by expiration of the Planning Board term, it shall be filled by appointment, as above provided, for the unexpired term. 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. Any member other than a Class I member, after a public hearing if he requests one, may be removed by the governing body for cause.

§ 5-81 Alternate members.

A. There shall be two alternate members of the Planning Board, who shall be municipal residents. Alternate members shall be appointed by the Council, and shall meet the qualifications of Class IV members. Alternate members shall be designated at the time of appointment 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. A vacancy occurring otherwise than by expiration of term shall be filled by the appointing authority for the unexpired term only.

B. No alternate member shall be permitted to act on any matter in which he has either directly or indirectly any personal or financial interest. An alternate member may, after public hearing if he requests one, be removed by the governing body for cause.

C. Alternate members may participate in all matters but may not vote except in the absence or disqualification of a regular member of any class. Participation of alternate members shall not be deemed to increase the size of the Planning Board established by ordinance. 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.

§ 5-82 Quorum.

If the Planning Board lacks a quorum because any of its regular or alternate members is prohibited from acting on a matter due to the member's 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 Chairman of the Board of Adjustment shall make the choice.