The Planning Board as heretofore established
pursuant to N.J.S.A. 40:55D-90b is hereby continued. The Planning
Board shall have nine members consisting of the following four classes:
B. Class II: one of the officials of the municipality
other than a member of the governing body to be appointed by the Mayor.
C. Class III: a member of the governing body to be appointed
by it.
D. Class IV: six other citizens of the municipality to
be appointed by the Mayor. The members of Class IV shall hold no other
municipal office, except that one member may be a member of the Board
of Education. A member of the Environmental Commission 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.
Alternate members may be appointed to the Planning
Board for Class IV members and shall meet the qualifications of Class
IV members of a nine-member Planning Board. Alternate members shall
be designated at the time of their 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 term 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 just appointed exceed two years.
A vacancy occurring otherwise than by expiration of term shall be
filled for the unexpired term only. 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.
If a vacancy in any class shall occur otherwise
than by expiration of term, it shall be filled by appointment as above
provided for the unexpired term. 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 shall elect a Chairman and
Vice Chairman from the Class IV members 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 and 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 exceed, however, exclusive of
gifts or grants, the amount appropriated by the governing body for
its use.
The Planning Board shall adopt such rules and
regulations as may be necessary to carry out the provisions and purposes
of this chapter. 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 areas
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 of Netcong 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.).
C. To participate in the preparation and review of programs
or plans required of the Planning Board by state or federal law or
regulations.
D. To assemble data on a continuing basis as part of
a continuous planning process.
E. Upon request, to assist the governing body in preparation
of a program of municipal capital improvement projects and amendments
thereto.
F. To consider and make 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 Mayor and Borough Council, pursuant to the provisions
of N.J.S.A. 40:55D-26b.
G. To review applications for conditional use approval.
H. To exercise, to the same extent and subject to the
same restrictions, all the powers granted by law to the Planning Board.
[Amended 12-10-1996 by Ord. No. 96-14]
I. 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.
Class I and Class III members of the Planning
Board shall not participate in the consideration of any applications
for development which involve relief pursuant to N.J.S.A. 40:55D-70d.