Township of Kingwood, NJ Chapter 37 Planning Board and Zoning Board of Adjustment

[HISTORY: Adopted by the Township Committee of the Township of Kingwood 1-31-1977. Amendments noted where applicable.]

Article I Planning Board

§ 37-1 Establishment; membership; alternate members.

[Amended 3-18-1991 by Ord. No. 7-4-1991]

There is hereby established in Kingwood Township a Planning Board which shall consist of nine regular members consisting of the following four classes and not more than two alternate members:

A. Class I: the Mayor of Kingwood Township.

B. Class II: one of the officials of the municipality other than a member of the governing body, to be appointed by the Mayor, provided that if there be an Environmental Commission, the 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 deemed to be the Class II Planning Board member for purposes of this chapter in the event that there be among the Class IV members of the Planning Board both a member of the Zoning Board of Adjustment and a member of the local Board of Education.

C. Class III: A member of the governing body to be appointed by it.

[Amended 3-6-2007 by Ord. No. 14-03-2007]

D. Class IV: Six other citizens of the municipality, to be appointed by the Mayor, provided that said members shall not hold other municipal office, except that one such member may be a member of the Zoning Board of Adjustment and one member may be a member of the Board of Education. If there be a Municipal Environmental Commission, the 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, unless there be among the Class IV members of the Planning Board both a member of the Zoning Board of Adjustment and a member of the Board of Education, in which case the member common to the Planning Board and Municipal Environmental Commission shall be deemed a Class II member of the Planning Board.

[Amended 3-6-2007 by Ord. No. 14-03-2007]

E. Alternate members.

(1) Two alternate members shall be appointed to the Planning Board by the Mayor and shall meet the qualifications of Class IV members.

(2) Alternate members shall be designated at the time of 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 terms 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 first appointed exceed two years. A vacancy occurring otherwise than by expiration of the term shall be filled by the Mayor for the unexpired term only.

(3) No alternate member shall be permitted to act on any matter in which he has, either directly or indirectly, any personal or financial interest. An alternate member may, after public hearing if he requests one, be removed by the governing body for cause.

(4) 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.

§ 37-2 Terms of office.

The term of the member composing Class I shall correspond to 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, except for a Class II member who is also a member of the Environmental Commission. 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 term of office as a member of the Environmental Commission, whichever occurs first. The term of a Class IV member who is also a member of the Board of Adjustment or local 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. The terms of all Class IV members first appointed under this chapter shall be so determined that to the greatest practicable extent the expiration of such terms shall be distributed evenly over the first four years after their appointment, provided that the initial Class IV term of no member shall exceed four years. Thereafter, the Class IV term of each such member 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. No member of the Planning Board shall be permitted to act on any matter in which he has, either directly or indirectly, any personal or financial interest. 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.

§ 37-3 Powers.

The Planning Board shall exercise all of the powers granted to it as provided by law.

§ 37-3.1 Lack of quorum.

[Added 11-4-2021 by Ord. No. 21-20-2021]

If the Planning Board lacks a quorum because any of its regular or alternate members are prohibited by N.J.S.A. 40:55D-23 or 40:55D-23.1 from acting on a matter due to the member's personal or financial interests therein, regular members of the Board of Adjustment 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 therein, whether direct or indirect. If a choice has to be made between regular members of equal seniority, the Chair of the Board of Adjustment shall make the choice.

Article II Zoning Board of Adjustment

§ 37-4 Establishment; membership; alternate members.

[Amended 2-17-1989 by Ord. No. 6-6-89]

A. There is hereby established a Zoning Board of Adjustment which shall consist of seven regular members and not more than two alternate members.

B. Alternate members.

(1) Alternate members shall be designated at the time of appointment by the Township Committee as "Alternate No. 1" and "Alternate No. 2." The terms of the alternate members shall be for two years, except that the terms 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 first appointed exceed two years. A vacancy occurring otherwise than by expiration of term shall be filled by the Township Committee for the unexpired term only.

(2) No alternate member shall be permitted to act on any matter in which he has either directly or indirectly any personal or financial interest. An alternate member may, after public hearing if he requests one, be removed by the governing body for cause.

(3) 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.

§ 37-5 Appointment.

Zoning Board of Adjustment members shall be appointed by the Township Committee.

§ 37-6 Terms of office.

The terms of the members first appointed under this chapter shall be so determined that to the greatest practicable extent, the expiration of such terms shall be distributed evenly over the first four years after their appointment; provided the initial term of no member shall exceed four years. Thereafter, the term of each such member shall be four years.

§ 37-7 Disqualifications; removal; vacancies.

No member may hold any elective office or position under the municipality. No member of the Board of Adjustment shall be permitted to act on any matter in which he has, either directly or indirectly, any personal or financial interest. A member may, after public hearing if he requests it, be removed by the governing body for cause. A vacancy occurring otherwise than by expiration of term shall be filled for the unexpired term only.

§ 37-8 Organization.

The Board of Adjustment shall elect a Chairman and Vice Chairman from its members and select a Secretary, who may or may not be a member of the Board of Adjustment or a municipal employee.

§ 37-9 Powers.

The Zoning Board of Adjustment shall exercise all of the powers granted to it as provided by law.

§ 37-10 Lack of quorum.

[Added 11-4-2021 by Ord. No. 21-20-2021]

If the Board of Adjustment lacks a quorum because any of its regular or alternate members are prohibited by N.J.S.A. 40:55D-69 from acting on a matter due to the member's personal or financial interest therein, Class IV members of the Planning Board shall be called upon to serve, for that matter only, as temporary members of the Board of Adjustment. The Class IV members of the Planning Board shall be called upon to serve in order of seniority of continuous service to the Planning Board until there are the minimum number of members necessary to constitute a quorum to act upon the matter without any personal or financial interest therein, whether direct or indirect. If a choice has to be made between Class IV members of equal seniority, the Chair of the Planning Board shall make the choice.