[Amended 9-28-1978 by Ord. No. 14-1978]
A. There is hereby established pursuant to P.L. 1975, c.
291, in the City of Somers Point, a Planning Board of seven members consisting
of the following four classes:
(2) Class II: one of the officials of the municipality other
than a member of the governing body to be appointed by the Mayor.
(3) Class III: a member of the governing body to be appointed
by it.
(4) Class IV: four other citizens of the municipality to
be appointed by the Mayor. The members of Class IV should hold no other municipal
office. A 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.
B. Alternate members.
(1) Alternate members of the Planning Board in Classes II,
III, and IV may be appointed by the appointing authority as regular members
of each class. Alternate members of Classes II and III shall be appointed
for terms to expire at the same time as the terms of regular members of their
respective classes, and such alternate members shall not exceed one in Class
II and one in Class III.
(2) The number of alternate members in Class IV shall not
exceed two. In the event that two alternate members of Class IV are appointed,
such alternate members shall be designated by the Chairman of the Planning
Board as "Alternate No. 1" and "Alternate No. 2" and shall serve in rotation
during the absence or disqualification of any regular member or members of
Class IV. Alternate members of Class IV shall serve for terms of two years;
provided, however, that in the event that two members of Class IV are appointed,
the initial terms of such members shall be one and two years, respectively.
If a vacancy of any class shall occur otherwise than by expiration of
term, it shall be filled by appointment as above provided for the unexpired
term.
The Planning Board shall elect a Chairman and Vice Chairman from the
members of Class IV and select a Secretary who may be either a member of the
Planning Board or a municipal employee designated by it.
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, who shall be an attorney other
than the Municipal Attorney.
The Planning Board may also employ or contract for the services of experts
and other staff and services as it may deem necessary. The Board shall not
exceed, however, exclusive of gifts or grants, the amount appropriated by
the governing body for its use.
The Board shall adopt such rules and regulations as may be necessary
to carry into effect the provisions and purposes of this chapter. In the issuance
of subpoenas, administration of oaths and taking of testimony, the provisions
of the County and Municipal Investigations Law of 1953 (N.J.S.A. 2A:67A-1
et seq.) shall apply.
No member of the Planning Board shall act on any matter in which he
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
nor participate in any discussion or decision relating thereto.
Minutes of every regular or special meeting shall be kept and shall
include the names of the persons appearing and addressing the Board and of
the persons appearing by an attorney, the action taken by the Board, the findings,
if any, made by it and reasons therefor. The minutes shall thereafter be made
available for public inspection during normal business hours at the office
of the Municipal Clerk. Any interested party shall have the right to compel
production of the minutes for use as evidence in any legal proceeding concerning
the subject matter of such minutes. Such interested party may be charged a
fee for reproduction of the minutes for his use as provided for in the rules
of the Board.
Fees for applications or for the rendering of any service by the Planning
Board or any member of its administrative staff which are not otherwise provided
by ordinance may be provided for and adopted as part of the rules of the Board,
and copies of said rules or of the separate fee schedule shall be available
to the public. Any existing fee for such services already provided for by
administrative rules or by resolution or ordinance shall remain the same.