[Amended 10-23-2001 by Ord. No. 01-18]
The Planning Board previously established is
hereby continued pursuant to the Municipal Land Use Law (N.J.S.A.
40:55D-1 et seq.). Pursuant to N.J.S.A. 40:55D-25(c)(1), the Planning
Board shall exercise, to the same extent and subject to the same restrictions,
all the powers of a Board of Adjustment; provided, however, that the
Class I and Class III members shall not participate in the consideration
of applications for development which involve relief pursuant to N.J.S.A.
40:55D-70(d).
[Amended 2-25-1997 by Ord. No. 97-03; 10-23-2001 by Ord. No. 01-18]
The Planning Board shall consist of nine members
of the following four classes:
A.
Class I. The Mayor or the Mayor's designee in the
absence of the Mayor. The Mayor may appoint a designee to sit in the
absence of the Mayor. The Mayor may make such appointment by designating
a person to sit in the Mayor's absence. Such appointment shall be
made in writing and filed in the office of the Municipal Clerk.
B.
Class II. One of the officials of the Borough other
than a member of the Governing Body, to be appointed by the Mayor.
C.
Class III. A member of Borough Council to appointed
by the governing body.
D.
Class IV. Six other citizens of the Borough 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, and one member may be a member of the Historic Preservation
Commission if one is created. The member of the Environmental Commission,
if one is created, 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.
E.
Alternates. Four alternate members shall be appointed
by the Mayor for Class IV members and shall meet the qualifications
of Class IV members. Alternate members shall be designated at the
time of appointment as "Alternate No. 1," "Alternate No. 2," "Alternate
No. 3," and "Alternate No. 4." Alternate members may participate in
discussions of the Board 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,
then Alternate No. 2 shall vote, then Alternate No. 3 shall vote and
then Alternate No. 4 shall vote.
[Amended 2-25-1997 by Ord. No. 97-03; 10-23-2001 by Ord. No. 01-18]
A.
The term of the Mayor composing Class I shall correspond
with his or her official tenure. The term of any person appointed
as the Mayor's designee to sit in the Mayor's place and stead shall
serve at the pleasure of the Mayor and such designee's term of office
shall terminate automatically at the conclusion of the official tenure
of the Mayor appointing such designee.
B.
The terms of the members composing Class II and Class
III shall be for one year or terminate at the completion of the respective
terms of office, whichever occurs first except for a Class II member
who is also a member of the Environmental Commission, if one is created.
C.
The term of a Class II or Class IV member who is also
a member of the Environmental Commission shall be for three years
or terminate at the completion of his/her term of office as a member
of the Environmental Commission, whichever occurs first.
D.
The term of a Class IV member who is also a member
of the Planning Board or the 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.
[Amended 12-10-2002 by Ord. No. 02-28]
E.
The terms of all Class IV members shall be four years.
F.
The terms of the alternate members shall be for two
years, except that the terms of the alternate members shall be such
that the terms of not more than two alternate members shall expire
in any one year. The terms of Alternates 1 and 3 shall expire one
year and the terms of Alternates 2 and 4 shall expire in another year.
G.
All terms shall run from January 1 of the year in
which the appointment is made.
H.
Nothing herein shall affect the term of any present
member or alternate of the Planning Board, all of whom shall continue
in office until the completion of the terms for which they were appointed.
If a vacancy in any class shall occur otherwise
than by expiration of term, it shall be filled by appointment as above
for the unexpired term only.
No member of the Planning Board shall be permitted
to act on any matter in which he/she has, either directly or indirectly,
any personal or financial interest. Whenever any such member shall
disqualify himself from acting on a particular matter, he shall not
continue to sit with the Board on the hearing of such matter and not
participate in any discussion or decision relating thereto. Any member
of the Board, other than a Class I member, after a public hearing
if he requests one, may be removed by the governing body for cause.
[1]
Editor's Note: Original Section 22-105, Substitute
members when conflicts exist, was repealed 10-23-2001 by Ord. No.
01-18.
A.
The Mayor may appoint one or more persons as a Citizen's
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 by the Board. Such person or persons
shall serve at the pleasure of the Mayor.
B.
Upon creation of an Environmental Commission and its
preparation and submission to the Planning Board of an index of the
natural resources of the Borough, the Planning Board shall make available
to the Environmental Commission an informational copy of every application
for development submitted 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.
[Amended 10-23-2001 by Ord. No. 01-18]
The Planning Board shall elect a Chairman and
a Vice Chairman from the members of Class IV, select a Secretary who
may be a member of the Planning Board or a Borough employee designated
by it, and create and fill such other offices as established by ordinance
at an annual reorganization meeting in January of each year.
A.
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. Such compensation shall be within the appropriation made
by the governing body. The Board Attorney shall not be the Borough
Attorney.
B.
The Planning Board may employ or contract for the
services of a licensed planning consultant, a licensed engineer, and
other staff and services as it may deem necessary, not exceeding,
exclusive of gifts, grants, or professional service fees, the amount
appropriated by the Borough Council for its use.
The Board shall adopt, and from time to time
amend, reasonable rules and regulations consistent with N.J.S.A. 40:55D-1
et seq. and other statutes and ordinances, as may be necessary to
carry into effect the provisions and purposes of this chapter and
for the administration of their respective functions, powers and duties.
Copies of such rules and regulations and amendments thereto shall
be maintained in the Borough Clerk's office, and shall be furnished
upon request to any person, for which a reasonable fee may be charged
in accordance with Borough regulations. The provisions of the County
and Municipal Investigations Law (N.J.S.A. 2A:67A-1 et seq.) shall
apply in the issuance of subpoenas, administration of oaths, and taking
of testimony.
A.
The Planning Board shall follow the provisions of
this chapter and the Municipal Land Use Law (N.J.S.A. 40:55D-1 et
seq.) and shall accordingly exercise its powers in regard to:
B.
The Planning Board may:
(1)
Participate in the preparation and review of programs
or plans required by state or federal law or regulations.
(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 Borough Council for the aid and
assistance of the governing body or other agencies or offices.
C.
The Planning Board may adopt bylaws governing its
procedural operations.
D.
The Planning Board shall 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 offices.
[Amended 10-23-2001 by Ord. No. 01-18]
Pursuant to N.J.S.A. 40:55D-25(c)(1) the Planning
Board shall exercise, to the same extent and subject to the same restrictions,
all the powers of a Board of Adjustment.
A.
Prior to the adoption of a development regulation,
or revision or amendment thereto, the Planning Board shall make and
transmit to the Borough Council, within 35 days after referral, a
report, including recommendations concerning the proposed development
regulation, revision or amendment.
B.
The Borough Council, when considering the adoption
of a development regulation or 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 Borough Council from the requirements of this section in regard
to the proposed development regulation, revision, or amendment thereto
referred to the Planning Board.
All Board members shall serve without compensation.
