A.
There is hereby established pursuant to N.J.S.A. 40:55D-1
et seq. in the Borough of Stone Harbor a Planning Board of seven members
consisting of the following four classes:
B.
The members of Class IV shall hold no other Borough
office. A member of the Environmental Commission, if any, 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.
C.
In addition to the members aforesaid, there shall
be appointed two alternate members of the Planning Board as Class
IV members.
A.
The term of the member composing Class I shall correspond
with his official tenure. 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. The term
of the Class IV 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 occurs
first.
B.
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 term shall be distributed
evenly over the first four years after their appointment as determined
by resolution of the Borough Council; 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 terms for which they were appointed. Thereafter all Class IV members
shall be appointed for terms of four years except as otherwise hereinabove
provided. All terms shall run from January 1 of the year that the
appointment is made.
C.
Alternate members shall be appointed by the Mayor
as Class IV members and shall be designated as Alternate No. 1 and
Alternate No. 2. The terms of each alternate member shall be two years,
except that the first term of office shall be so set to insure that
only one such alternate member's term shall expire in any one year.
A vacancy occurring otherwise than by expiration of the term shall
be filled for the unexpired term only. In the event that a choice
must be made as to which alternate member is to vote, Alternate No.
1 shall vote.
If a vacancy of any class shall occur otherwise
than by expiration of term it shall be filled by appointment as above
provided 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 but need not be a Board member or another Borough employee.
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 Borough Attorney.
The Planning and Zoning Boards 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 Borough Council
for its use.
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.
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 Borough, including any area
outside its boundaries which in the Board's judgment bear essential
relation to the planning of the Borough, in accordance with the provisions
of N.J.S.A. 40:55D-28.
B.
To administer the provisions of the Land Subdivision
Ordinance and Site Plan Review Ordinance of the Borough in accordance
with the provisions of these ordinances, and the Municipal Land Use
Law, Chapter 291, P.L. 1975, N.J.S.A. 40:55D-1 et seq.
C.
To approve conditional use applications in accordance with the provisions of Chapter 560, Zoning, pursuant to N.J.S.A. 40:55D-67.
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 continuous planning process.
F.
To prepare a program of Borough capital improvement
projects projected over a term of six years, and amendments thereto,
at the request of Borough Council.
G.
To consider and make a report to the Borough Council
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 Borough Council, pursuant to the provisions of N.J.S.A.
40:55D-26b, as amended and/or supplemented from time to time.
H.
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)
Variances pursuant to N.J.S.A. 40:55D-70c, as amended
and/or supplemented from time to time. 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.
(2)
Directions for issuance of permits pursuant to N.J.S.A.
40:55D-60 as amended and/or supplemented from time to time.
I.
To perform such other advisory duties as are assigned
to it by ordinance or resolution of the Borough Council for the aid
and assistance of the Borough Council or other agencies or officers.
