[Amended 12-17-2015 by Ord. No. 2015-28]
There is hereby established pursuant to N.J.S.A.
40:55D-1 et seq. in the City of Ventnor a Planning Board of nine members
consisting of the following four classes:
A.
Class I: The Mayor.
B.
Class II: One of the officials of the City of Ventnor,
other than a member of the City Commissioners, to be appointed by
the Mayor.
C.
Class III: A member of the City Commissioners to be
appointed by the City Commissioners.
D.
Class IV: Six other citizens of the City to be appointed
by the Mayor. The members of Class IV shall hold no other municipal
office, position or employment. Not more than one Class IV member
may be a member of the Board of Education. For purposes of this section,
membership on a City Board or Commission whose function is advisory
in nature, the establishment of which is discretionary and not required
by statute, shall not be considered holding of City office.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
E.
Alternate members: Four alternate members shall be appointed and
shall meet the qualifications of Class IV members. 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. Alternate members may participate in discussions
of the proceedings but may not vote except in the absence 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
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 official tenure.
B.
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 that the
term of a Class II member who is also a member of the Environmental
Commission shall be for three years or terminate at the completion
of his term of office as a member of the Environmental Commission,
whichever comes first.
C.
The term of a Class IV member who is also a member
of the Board of Adjustment or the Board of Education shall terminate
whenever he is no longer a member of such other body or at the completion
of his Class IV term, whichever occurs first.
D.
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 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 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 were appointed. Thereafter, all Class IV members
shall be appointed for terms of four years, except as otherwise herein
provided. All terms shall run from January 1 of the year in which
the appointment was made.
If a vacancy of any class shall occur otherwise
than by expiration of term, it shall be filled by appointment as provided
above for the unexpired term.
The Planning Board shall elect a Chairman and
Vice Chairman from the members of Class IV and select a Secretary,
who may be either a member of the Planning Board or a municipal employee
designated by it.
There is hereby created the office of Planning
Board Attorney. The Planning Board may annually appoint, fix the compensation
of or agree upon the rate of compensation of the Planning Board Attorney,
who shall be an attorney other than the Municipal Attorney.
The Planning Board may also employ or contract
for the services of experts and other staff and services as it may
deem necessary. The Board shall not, however, exceed, exclusive of
gifts or grants, the amount appropriated by the Board of Commissioners
for its use.
The Planning Board is authorized to adopt bylaws
governing its procedural operation. It shall also have the powers
and duties to:
A.
Make and adopt and from time to time amend a Master
Plan for the physical development of the City of Ventnor, including
any areas outside its boundaries which, in the Board's judgment, bear
essential relation to the planning of the City of Ventnor, in accordance
with the provisions of N.J.S.A. 40:55D-28.
B.
Administer the provisions of any land subdivision
ordinances and site plan review ordinances of the City of Ventnor
City in accordance with the provisions of said ordinances and the
Municipal Land Use Law of 1975, N.J.S.A. 40:55D-1 et seq.
D.
Participate in the preparation and review of programs
or plans required by state or federal law or regulations.
E.
Assemble data on a continuing basis as part of a continuous
planning process.
F.
Annually prepare a program of municipal capital improvement
projects projected over a term of six years, and amendments thereto,
and recommend same to the Board of Commissioners.
G.
Consider and 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 City Commission pursuant to the provisions of N.J.S.A. 40:55D-26b.
H.
When reviewing applications for approval of subdivision
plats, site plans or conditional uses, grant to the same extent and
subject to the same restrictions as the Planning Board variances,
pursuant to N.J.S.A. 40:55D-70c, from lot area, lot dimensional, setback
and yard requirements, provided that such relief from lot area requirements
shall not be granted for more than one lot.
I.
Perform such other advisory duties as are assigned
to it by ordinance or resolution of the Board of Commissioners for
the aid and assistance of the Board of Commissioners or other agencies
or officers.
J.
The City of Ventnor City hereby exercises the option provided by
N.J.S.A. 40:55D-25c. The Planning Board shall exercise, to the same
extent and subject to the same restrictions, all the powers and duties
of the Board of Adjustment; where the Class I and Class III members
shall not participate in the consideration of applications for development
which involves relief pursuant to N.J.S.A. 40:55D-70d.
[Added 12-17-2015 by Ord.
No. 2015-28]
K.
Whenever relief is requested pursuant to this subsection, notice
of a hearing on the application shall include reference to the request
for variance or direction for issuance of a permit as the case may
be.
[Added 12-17-2015 by Ord.
No. 2015-28]
A.
Minor subdivisions. Minor subdivision approvals shall
be granted or denied within 45 days of the date of submission of a
complete application to the Planning Board or within such further
time as may be consented to by the applicant. Approval of a minor
subdivision shall expire 190 days from the date of Planning Board
approval unless within such period a plat in conformity with such
approval and the provisions of the Map Filing Law (N.J.S.A. 46:26B-l
et seq.) or a deed clearly describing the approved minor subdivision
is filed by the developer with the county recording officer, the Municipal
Engineer and the Municipal Tax Assessor. Any such plat or deed must
be signed by the Chairman and Secretary of the Planning Board before
it will be accepted for filing by the county recording officer.
B.
Preliminary approval of major subdivisions. Upon submission
of a complete application for a subdivision of between four and 10
lots, inclusive, the Planning Board shall grant or deny preliminary
approval within 45 days of the date of such submission or within such
further time as may be consented to by the developer. Upon submission
of a complete application for a subdivision of more than 10 lots,
the Planning Board shall grant or deny preliminary approval within
95 days of the date of such submission or within such further time
as may be consented to by the developer. Otherwise, the Planning Board
shall be deemed to have granted preliminary approval for the subdivision.
C.
Ancillary powers. Whenever the Planning Board is called upon to exercise its ancillary powers before the granting of a variance as set forth in § 143-7H of this chapter, the Planning Board shall grant or deny approval of the application within 95 days after submission by the developer of a complete application or within such further time as may be consented to by the applicant. Failure of the Planning Board to act within the period prescribed shall constitute approval of the application, and a certificate of the administrative officer as to the failure of the Planning Board to act shall be issued on request of the applicant.
D.
Final approval.
(1)
Application for final subdivision approval shall be
granted or denied within 45 days of submission of a complete application
or within such further time as may be consented to by the applicant.
(2)
Final approval of a major subdivision shall expire
95 days from the date of signing of the plat unless within such period
the plat shall have been duly filed by the developer with the county
recording officer, the Municipal Engineer and the Municipal Tax Assessor.
The Planning Board may, for good cause shown, extend the period for
recording for an additional period not to exceed 190 days from the
date of signing of the plat.
E.
All approvals shall be filed as provided by law by
the Secretary of the Planning Board, at the expense of the applicant.
[Amended 4-20-1989 by Ord. No. 8906; 10-8-2020 by Ord. No. 2020-22]
Applications for development within the jurisdiction
of the Planning Board pursuant to the provisions of P.L. 1975, c.
291,[1] shall be filed with the Secretary of the Planning Board.
The applicant shall file, at least 21 days before the date of the
monthly meeting of the Board, 15 copies of the sketch plot, 15 copies
of the application for minor subdivision approval, 15 copies of the
application for major subdivision approval or 15 copies of the application
for site plan review, conditional use approval or planned development.
At the time of filing the application, but in no event less than 21
days prior to the date set for hearing, the applicant shall also file
all plot plans, maps or other papers required by virtue of any provision
of this chapter or any rule of the Planning Board. At the time of
the filing of the application, the applicant shall additionally provide
the completed application, including, but not limited to, the application
form, all plans and all other papers, in a digital format on a thumb
drive. The applicant shall obtain all necessary forms from the Secretary
of the Planning Board. The Secretary of the Board shall inform the
applicant of the steps to be taken to initiate applications and of
the regular meeting dates of the Board.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
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 Board of Commissioners.
Whenever the Environmental Commission has prepared
and submitted to the Planning Board an index of the natural resources
of the municipality, the Planning Board shall make available to the
Environmental Commission an informational copy of every application
for development to the Planning Board. Failure of the Planning Board
to make such informational copy available to the Environmental Commission
shall not invalidate any hearing or proceeding.
The Board shall adopt such rules and regulations
as may be necessary to carry into effect the provisions 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.
