[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.
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.
The Planning Board shall exercise all of the
powers granted to it as provided by law.
[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.
[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.
Zoning Board of Adjustment members shall be
appointed by the Township Committee.
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.
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.
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.
The Zoning Board of Adjustment shall exercise
all of the powers granted to it as provided by law.
[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.