A.
The City
of Linwood Planning Board shall consist of nine members of the following
four classes:
(1)
Class I: the Mayor or Mayor's designee.
(2)
Class II: one of the officials of the City, other
than a member of the City Council, to be appointed by the Mayor.
(3)
Class III: a member of the City Council to be appointed
by the City Council.
(4)
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, except that one member may be a member
of the Planning Board. Not more than one Class IV member may be a
member of the Board of Education. For the purpose of this section,
membership on a City board or commission the function of which is
advisory in nature, the establishment of which is discretionary and
not required by statute, shall not be considered the holding of City
office.
[Amended 4-11-2018 by Ord. No. 6-2018]
B.
Alternate members. Two 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
a choice must be made as to which alternate member is to vote, Alternate
No. 1 shall vote.
[Amended 4-11-2018 by Ord. No. 6-2018]
The term of the Class I member shall correspond
to his or her official tenure as Mayor. 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 a Class IV member who is also a member of the Planning Board or
Board of Education shall terminate whenever he or she is no longer
a member of such other body or at the completion of his or her Class
IV term, whichever occurs first. The term of all other Class IV members
shall be four years. If a vacancy in any class shall occur otherwise
than by expiration of the Planning Board term, it shall be filled
by appointment, as above provided, for the unexpired term.
If the Planning Board lacks a quorum because
any of its members are prohibited by this chapter below from acting
on a matter due to the member's personal or financial interest, regular
members of the Board of Adjustment[1] shall be called upon to serve, for that matter only, as
temporary members of the Planning Board in order of seniority of continuous
service to the Board of Adjustment until there are the minimum number
of members necessary to constitute a quorum to act upon the matter
without any personal or financial interest. If a choice has to be
made between regular members of equal seniority, the Chairperson of
the Board of Adjustment shall make the choice.
[1]
Editor's Note: The Zoning Board of Adjustment was abolished
4-11-2018 by Ord. No. 6-2018 and its powers and duties granted to
the Planning Board.
The Planning Board shall organize annually by
selecting from among its Class IV members a Chairperson and a Vice
Chairperson. The Board shall also select a Secretary, who may or may
not be a member of the Board or a municipal employee, and create and
fill such other offices as established by ordinance.
The Planning Board may annually appoint an attorney
at law of New Jersey, other than the City Solicitor, as Planning Board
Solicitor and may fix his or her compensation or rate of compensation
not exceeding the amount appropriated. The Planning Board may also
employ or contract for and fix the compensation of such experts and
other staff and services as it may deem necessary. The Board, however,
shall not authorize expenditures which exceed, exclusive of gifts
or grants, the amount appropriated by the City Council for its use.
No member of the Planning Board shall be permitted
to act on any matter in which he or she has any personal or financial
interest, either directly or indirectly.
Any member other than a Class I member, after
a public hearing, if requested, may be removed by the City Council
for cause.
A.
Mandatory powers. The Planning Board shall exercise
its powers in accordance with the Municipal Land Use Law[1] in regard to:
(1)
The City Master Plan pursuant to N.J.S.A. 40:55D-28.
(2)
Subdivision and site plan review pursuant to this
chapter.
(3)
Any official map adopted by the City Council pursuant
to N.J.S.A. 40:55D-32 et seq.
(5)
Any capital improvements programs pursuant to N.J.S.A.
40:55D-29 et seq.
(6)
Variances and certain building permits in conjunction
with subdivision, site plan and conditional use approval pursuant
to the Board's ancillary powers.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
B.
Other powers. The Planning Board may:
(1)
Participate in the preparation and review of programs
or plans required by state or federal law or regulation.
(2)
Assemble data on a continuing basis as part of a continuous
planning process.
(3)
Perform such other advisory duties as are assigned
to it by ordinance or resolution of the City Council.
C.
Ancillary powers of the Planning Board.
(1)
Planning Board review in lieu of Board of Adjustment.[3] Whenever the proposed development requires approval of
a subdivision, site plan or conditional use, but not a use variance,
the Planning Board shall have the power to grant to the same extent
and subject to the same restrictions as the Board of Adjustment:
(a)
Bulk and dimensional variances pursuant to this
chapter.
(b)
Direction pursuant to 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 drainageway, flood control basin or public area reserved
pursuant to N.J.S.A. 40:55D-32.
(c)
Direction pursuant to N.J.S.A. 40:55D-36 for
issuance of a permit for a building or structure not related to a
street.
[3]
Editor's Note: The Zoning Board of Adjustment was abolished
4-11-2018 by Ord. No. 6-2018 and its powers and duties granted to
the Planning Board.
Whenever relief is requested pursuant to this
chapter, notice of the hearing on the application for development
shall include reference to the request for variances or direction
for issuance of a permit, as the case may be.
The applicant may elect to submit a separate
application requesting approval of the variance or direction of the
issuance of a permit and a subsequent application for any required
approval of a subdivision, site plan or conditional use. The same
board must hear both applications. The separate approval of the variance
or direction of the issuance of a permit shall be conditioned upon
the grant of all required subsequent approvals by the Planning Board.
No such subsequent approval shall be granted unless the approval can
be granted without substantial detriment to the public good and without
substantial impairment of the intent and purpose of the zone plan
and Zoning Ordinance.
Whenever an application for approval of a subdivision, site plan or conditional use includes a request for relief pursuant to § 41-8C(1) above, the Planning Board shall grant or deny approval of the application within 120 days after submission by an applicant of a complete application to the Planning Board or within such further time as may be consented to by the applicant. In the event that the applicant elects to submit separate consecutive applications, the aforesaid provision shall apply to the application for approval of the variance(s) or direction for issuance of a permit. The period for granting or denying any subsequent approval shall be as otherwise provided in this chapter. 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. It shall be sufficient in lieu of the written endorsement or other evidence of approval, herein required, and shall be so accepted by the county recording officer for purposes of filing subdivision plats.
Whenever review or approval of the application
by the County Planning Board is required by N.J.S.A. 40:27-6.3, in
the case of a subdivision, or N.J.S.A. 40:27-6.6, in the case of a
site plan, the Planning Board shall condition any approval that it
grants upon timely receipt of a favorable report on the application
by the County Planning Board or approval by the County Planning Board
by its failure to report thereon within the required time period.
Prior to the adoption of a development regulation,
revision or amendment thereto, the Planning Board shall make and transmit
to the City Council, within 35 days after referral, a report including
identification of any provisions in the proposed development regulation,
revision or amendment which are inconsistent with the Master Plan
and recommendations concerning these inconsistencies and any other
matters as the Board deems appropriate. The City Council, when considering
the adoption of a development regulation, revision or amendment thereto,
shall review the report of the Planning Board and may disapprove or
change any recommendation by a vote of a majority of its full authorized
membership and shall record in its minutes the reasons for not following
such recommendations. Failure of the Planning Board to transmit its
report within the thirty-five-day period provided herein shall relieve
the City Council from the requirements of this section in regard to
the proposed development regulation, revision or amendment referred
to the Planning Board. Nothing in this section shall be construed
as diminishing the application of the provisions of N.J.S.A. 40:55D-32
to any official map or an amendment or revision thereto or of N.J.S.A.
40:55D-62 to any zoning ordinance or any amendment or revision thereto.
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 Mayor.
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.
[Added 2-24-2021 by Ord. No. 4-2021]
A.
Development Review Committee. The Committee shall consist of the
Mayor, one member of Council, Planning Board Chairman, Planning Board
Engineer, and Planning Board Solicitor.
B.
Responsibilities. The Development Review Committee shall review all
site plan waiver applications and make recommendations to the full
Board to waive site plan approval or to require a full site plan application.
The Committee shall also review conceptual plans presented by applicants
to provide insight as to the deficiencies of the plan and to offer
suggestions and recommendations for the improvement of said plan,
and to comment on the acceptability of the proposed plan.
C.
Conduct of Development Review Committee meeting. The Development
Review Committee meeting is a working session between the Committee
and applicant. The meeting is used to provide the applicant with a
review of his or her application. Comments made by the Committee are
nonbinding. It is not a public hearing and need not be advertised.
