[Amended 12-5-1991 by Ord. No. 91-09; 12-7-2006 by Ord. No.
06-15]
There is established in Mannington Township
a Planning/Zoning Board of nine members consisting of persons appointed
to serve in four membership classes for terms as specified in N.J.S.A.
40:55D-23.
[Amended 12-5-1991 by Ord. No. 91-09; 12-7-2006 by Ord. No.
06-15]
There shall be four alternate members of the Mannington Township Planning/Zoning Board who shall be appointed and designated to serve for terms as specified in N.J.S.A. 40:55D-23.1 and who shall participate in Planning/Zoning Board matters as specified in that statute. The terms of the two persons who serve as Alternate No. 1 and Alternate No. 2 as of the effective date of this § 70-7 shall continue uninterrupted notwithstanding the adoption of this § 70-7. Following the effective date of this § 70-7, an initial Alternate No. 3 shall be appointed and designated in the manner provided by N.J.S.A. 40:55D-23.1 for an unexpired two-year term that shall be deemed to have commenced on January 1 of the year in which such appointment and designation are made. Following the effective date of this § 70-7, an initial Alternate No. 4 shall be appointed and designated in the manner provided by N.J.S.A. 40:55D-23.1 for an unexpired two-year term that shall be deemed to have commenced on January 1 of the year that immediately preceded the year in which such appointment and designation are made. Thereafter, all four alternate positions shall continue to be filled by appointment for two-year terms as provided by N.J.S.A. 40:55D-23.1.
The Planning/Zoning Board shall elect a Chair
and Vice Chair from the members of Class IV and select a Secretary,
who may be either a member of the Planning/Zoning Board or a municipal
employee designated by it.
A.
There is hereby created the office of Planning/Zoning
Board Attorney. The Planning/Zoning Board may annually appoint, fix
the compensation of, or agree upon the rate of compensation of the
Planning/Zoning Board Attorney who shall be an attorney other than
the municipal attorney.
B.
The Planning/Zoning Board may also employ or contract
for the services of experts and staff as it may deem necessary. The
Board shall not, however, exceed exclusive of gifts or grants, the
amount appropriated by the governing body for its use.
A.
The Planning/Zoning Board shall have all powers and
duties as enumerated in N.J.S.A. 40:55D-25a and b, including and in
addition to the following specified powers and duties:
[Amended 5-6-1993 by Ord. No. 93-2; 12-7-2006 by Ord. No.
06-15]
(1)
To 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.
(2)
To administer provisions of all development regulations
of the municipality in accordance with the provisions of said regulations
and the Municipal Land Use Law of 1975, N.J.S.A. 40:55D-1 et seq.
(3)
To consider and make recommendations 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/Zoning Board by the governing body pursuant to the
provisions of N.J.S.A. 40:55D-26b.
(4)
To assemble data on a continuous basis as part of
a continuous planning process.
(5)
To annually participate in the preparation and review
of a municipal capital improvements program projected over a term
of six years, and amendments thereto, when requested by the Township
Committee.
(6)
To participate in the preparation and review of programs
or plans required by the state or federal law or regulations.
(7)
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 a Zoning Board of Adjustment:
(a)
Variances pursuant to subsection 57c of Chapter
291, P. L. 1975 (N.J.S.A. 40:55D-70c) from lot area, lot dimensional
set back, and yard requirements shall not be granted for more than
one lot.
(b)
Direction, pursuant to Section 25 of said Act
(N.J.S.A. 40:55D-34), for issuance of a permit for a building or structure
in the bed of a mapped street or public drainage way, flood-control
basin or public area reserved pursuant to Section 23 of said Act (N.J.S.A.
40:55D-32); and
(c)
Direction, pursuant to Section 27 of said Act
(N.J.S.A. 4055:D-36), for issuance of a permit for a building or structure
not related to a street. Whenever relief is requested under this subsection,
the hearing notice on the development application shall include reference
to the type of relief requested.
(8)
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.
(9)
The Planning/Zoning Board shall exercise, pursuant
to N.J.S.A. 40:55D-25c(1), to the same extent and subject to the same
restrictions, all of the powers of a board of adjustment; but the
Class I and Class III members shall not participate in the consideration
of applications for development which involve relief pursuant to N.J.S.A.
40:55D-70d.
[Added 5-6-1993 by Ord. No. 93-2]
B.
The Planning/Zoning Board shall adopt such rules and
regulations as may be necessary to carry into effect the provisions
and purposes of this chapter.