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