Borough of Stanhope, NJ Article II Planning Board

§ 100-17 Establishment; membership.

A. Establishment. A Planning Board is hereby established pursuant to the provisions of N.J.S.A. 40:55D-1 et seq.

B. Membership. The Planning Board shall consist of nine members. For convenience in designating the manner of appointment, the membership shall consist of and be divided into the following four classes:

[Amended 5-28-2002 by Ord. No. 2002-5]

(1) Class I: the Mayor, or the Mayor's designee in the absence of the Mayor.

(2) Class II: one of the officials of the Borough, other than a member of the governing body, to be appointed by the Mayor.

(3) Class III: a member of the Borough Council to be appointed by it.

(4) Class IV: Six other citizens of the Borough, to be appointed by the Mayor. The members of Class IV shall hold no other Borough office, except that one member may be a member of the Stanhope Board of Education or the Lenape Valley Regional High School Board of Education, and one member may be a member of the Environmental Commission.

§ 100-17.1 Alternate members.

[Added 12-27-1979 by Ord. No. 1979-16; amended 5-28-2002 by Ord. No. 2002-5]]

The Mayor may appoint four alternate members for Class IV, each of whom shall serve for terms of two years; provided, however, that in the event four alternate members are so appointed, the terms of the alternate members shall be such that the term of not more than two alternate members shall expire in any one year and all subsequent appointments shall be for the full two-year term each. Such alternate members shall be designated at the time of appointment by the Mayor as "Alternate #1," "Alternate #2," "Alternate #3" and "Alternate #4." No alternate member shall be permitted to act on any matter in which he has either directly or indirectly any personal or financial interests. An alternate member may, after public hearing if he requests one, be removed by the governing body for cause. Alternate members may participate in all matters, but may not vote except in the absence or disqualification of a regular member of any class. Participation of alternate members shall not be deemed to increase the size of the Planning Board established by this chapter. 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 #1 shall vote.

§ 100-18 Terms; vacancy; removal; voting.

A. The term of the member composing Class I shall correspond to his official tenure. The terms of the members comprising Class II and Class III shall be for one year or terminate at the completions of their respective terms of office, whichever occurs first. The term of a 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 comes 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. 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, except for vacancies in Class IV which shall be filled by alternate members as provided above.

[Amended 12-27-1979 by Ord. No. 1979-16]

B. 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 Borough Council for cause.

C. When any hearing before the Planning Board shall carry over two or more meetings, a member of the Board who was absent for one or more of the meetings shall be eligible to vote on the matter upon which the hearing was conducted, notwithstanding his absence from one or more of the meetings; provided, however, that such Board member has available to him a transcript or recording of the meeting from which he was absent and certifies in writing to the Board that he has read such transcript or listened to such recording.

§ 100-19 Organization.

The Planning Board shall elect a Chairman and Vice Chairman from the members of Class IV and select a Secretary, who may or may not be a member of the Planning Board or a municipal employee. It may employ or contract for and fix the compensation of legal counsel, other than the Borough Attorney, a planning consultant, a civil engineer and other staff and services as it may deem necessary, not exceeding, exclusive of gifts or grants, the amount appropriated by the Borough Council for its use.

§ 100-20 General powers.

A. The Planning Board shall follow the provisions of this chapter and shall accordingly exercise its power in regard to:

(1) The Master Plan pursuant to Article III.

(2) Subdivision control and site plan review pursuant to Articles VI and XVIII.

(3) The Official Map pursuant to Article V.

(4) Variances and certain building permits in conjunction with subdivision and site plan approval pursuant to § 100-21.

(5) The same extent and subject to the same restrictions, exercise all the powers of a Board of Adjustment; but the Class I and Class III members shall not participate in the consideration of applications for development, which involve relief pursuant to subsection (d) of N.J.S.A. 40:55D-70.

[Added 5-28-2002 by Ord. No. 2002-5]

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 the Borough Council for the aid and assistance of the Borough Council or other agencies or officers.

(4) Annually prepare a program of municipal capital improvement projects pursuant to Article IV.

§ 100-21 Ancillary powers.

A. The Planning Board, when reviewing applications for approval of subdivision plats, site plan or conditional uses, shall have the power to grant, to the same extent and subject to the same restrictions as the Board of Adjustment the following:

(1) Variances, pursuant to § 100-103A(3) of this chapter, from lot area, lot dimensional, setback and yard requirements, provided that relief pursuant to this subsection from lot area requirements shall not be granted for more than one lot.

(2) Direction, pursuant to § 100-32 of this chapter, for issuance of a permit for a building or structure not related to a street.

(3) Direction, pursuant to § 100-30 of this chapter, 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 § 100-29 of this chapter.

B. Whenever relief is requested pursuant to this section, notice of the hearing on the application for development shall include reference to the request for a variance or direction for issuance of a permit, as the case may be.

§ 100-22 Referral powers.

A. Prior to the adoption of a development regulation, 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. The Borough 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 Borough Council from the requirements of this subsection in regard to the proposed development.

B. Prior to the hearing on adoption of an ordinance providing for Planning Board approval of either subdivisions or site plans, or both, or any amendment thereto, the Borough Council shall refer any such proposed ordinance or amendment thereto to the Planning Board pursuant to § 100-22A of this chapter.

§ 100-23 Citizens' Advisory Committee; copy of application available to Environmental Commission.

A. 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.

B. Whenever the Environmental Commission has prepared and submitted to the Planning Board 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.