[HISTORY: Adopted by the Borough Council of the Borough of Medford
Lakes as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Land development — See Ch. 145.
[Adopted 12-9-1976 by Ord. No. 128]
Pursuant to the provisions of N.J.S.A. 40:55D-23 et seq., a Planning
Board to be known as "Planning Board of the Borough of Medford Lakes," is
hereby created and established.
A.
The members constituting the Planning Board shall consist
of the following classes:
[Amended 4-27-1978 by Ord. No. 144; 5-26-1983
by Ord. No. 186]
(2)
Class II: One of the officials of the Borough of Medford
Lakes, other than a member of the governing body of the Borough of Medford
Lakes to be appointed by the Mayor.
(3)
Class III: In the event the governing body of the Borough
of Medford Lakes consists of more than three members, a member of such governing
body who shall be appointed by the Council.
(4)
Class IV: Other citizens of the Borough of Medford Lakes
so that the total members of the Planning Board shall number seven to be appointed
by the Council.
B.
Alternate members.
(1)
The governing body may appoint to the Planning Board
not more than two alternate members. 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. A vacancy occurring otherwise than by expiration of term
shall be filled by the appointing authority for the unexpired term only.
(2)
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.
(3)
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.
A.
All members of the Planning Board shall serve without
compensation, and the members of Class IV shall hold no other municipal office,
except that one of such members may be a member of the Board of Education.
The term of the member of Class I shall correspond to his or her respective
official tenure or 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. The terms of the members comprising Classes II and
III shall be for one year, or terminate at the completion of the respective
terms of office, whichever occurs first.[1]
B.
The respective terms of the members of Class IV first
appointed shall be one, two, three and four years. Thereafter, the term of
each such member shall be four years.
C.
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.
The Planning Board is authorized to adopt bylaws governing its procedural
operation, such bylaws being in accordance with the provisions of N.J.S.A.
40:55D-1 et seq. It shall elect a Chairman and Vice Chairman from the members
of Class IV, select a Secretary who may or may not be a member of the Planning
Board, or a municipal employee, and create and fill such other offices as
are established by ordinance by the governing body. The Planning Board shall
have the power and authority to employ, or contract for, and fix the compensation
of legal counsel, other than the Municipal Attorney, and experts, and other
staff and services as it may deem necessary, not exceeding, exclusive of gifts
or grants, the amount appropriated by the governing body for its use.
The Planning Board shall have all the powers conferred upon it under
the provisions of the New Jersey Revised Statutes, N.J.S.A. 4:55D-23 et seq.,
and amendments and supplements thereto.
The governing body, by ordinance only, may provide for the reference
of any matter or class of matters to the Planning Board before final action
is taken by the governing body or the Borough officer having final authority.
Whenever a public hearing is required on any matter before the Planning
Board, the Planning Board shall follow the procedures as prescribed in Section
6, Chapter 291 of the Laws of 1975 (N.J.S.A. 40:55D-10).
[Adopted 3-2-1995 by Ord. No. 408]
Pursuant to the authority granted by P.L. 1994, c. 291, commonly cited
and referred to as the "Municipal Land Use Law," N.J.S.A. 40:55D-1 et seq.,
as amended by P.L. 1985, c. 516, and P.L. 1994, c. 186, the Planning Board
of the Borough of Medford Lakes shall consist of nine members and shall exercise
to the same extent and subject to the same restrictions all of the powers
of the Zoning Board of Adjustment.
Pursuant to N.J.S.A. 40:55D-25c, the Class I and III members of such
Planning Board shall not participate in the consideration of applications
for development which involve relief pursuant to Subsection d of Section 57
of P.L. 1975, c. 291 (N.J.S.A. 40:55D-70).
Immediately upon this article taking effect, the Mayor shall appoint
two additional Class IV members to the Planning Board for terms that shall
be so determined that, to the greatest practicable extent, the expiration
of such terms shall be distributed evenly over the next four years, said appointments
being made pursuant to Subsection B of Section 14 of P.L. 1985, c. 516.
Pursuant to N.J.S.A. 40:55D-23.1, the Borough of Medford Lakes hereby
establishes the classification of "alternate members" of the Medford Lakes
Planning/Zoning Board, created hereunder, which is a joint Planning/Zoning
Board pursuant to N.J.S.A. 40:55D-25(c), which members shall be Class IV members
of a nine-member Planning Board. The initial term of the alternate designated
as Alternate No. 1 shall be two years, and the term of Alternate No. 2 shall
be one year.
The present Zoning Board of Adjustment shall be abolished upon the effective
date of the enactment of this article, subject, however, to the requirements
of N.J.S.A. 40:55D-72.1.
