[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:
(1)
Class I: the Mayor.
(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.
A.
The term of the member composing Class I shall correspond
with 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. The term of the 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.
B.
The terms of all Class IV members first appointed pursuant
to this chapter shall be so determined that, to the greatest practicable extent,
the expiration of such term shall be evenly distributed over the first four
years after their appointment as determined by resolution of the governing
body; provided, however, that no term of any member shall exceed four years,
and further provided that nothing herein shall affect the terms of any present
members of the Planning Board, all of whom shall continue in office until
the completion of the terms for which they were appointed. Thereafter, all
Class IV members shall be appointed for terms of four years except as otherwise
herein provided. All terms shall run from January 1 of the year in which the
appointment was made.
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.
A.
The Planning Board is authorized to adopt bylaws governing
its procedural operation.
B.
It shall also have the following powers and duties:
(1)
To make and adopt and from time to time, amend a Master
Plan for the physical development of the city, including any areas outside
its boundaries which, in the Board's judgment, bear essential relation
to the planning of the city, in accordance with the provision of N.J.S.A.
40:55D-28.
(2)
(4)
To participate in the preparation and review of programs
or plans required by state or federal law or regulations.
(5)
To assemble data on a continuing basis as part of a continuous
planning process.
(6)
To annually prepare a program of municipal capital improvement
projects projected over a term of six years, and amendments thereto, and to
recommend the same to the governing body.
(7)
To consider and make a report to the governing body within
35 days after referral as to any proposed development regulation submitted
to it pursuant to the provisions of N.J.S.A. 40:55D-26a and also to pass upon
other matters specifically referred to the Planning Board by the City Council
pursuant to the provisions of N.J.S.A. 40:55D-26b.
(8)
When reviewing applications for approval of subdivision
plats, site plans or conditional uses, to grant, to the same extent and subject
to the same restrictions as the Zoning Board of Adjustment, variances, pursuant
to N.J.S.A. 40:55D-70c, from lot area, lot dimensional, setback and yard requirements,
provided that such relief from lot area requirements shall not be granted
for more than one lot.
(9)
To perform such other advisory duties as are assigned
to it by ordinance or resolution of the governing body for the aid and assistance
of the governing body or other agencies or officers.
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.
A.
Meetings of the Planning Board shall be scheduled no
less often than once a month, and any meeting so scheduled shall be held as
scheduled unless canceled for lack of applications for development to process.[1]
B.
Special meetings may be provided for at the call of the
Chairman or on the request of any two Board members, which meetings shall
be held on notice to its members and the public in accordance with all applicable
legal requirements.
C.
No action shall be taken at any meeting without a quorum
being present.
D.
All actions shall be taken by majority vote of a quorum
except as otherwise required by any provision of P.L. 1975, c. 291.
F.
Pursuant to N.J.S.A. 40:55D-47, the Planning Board is
hereby authorized to waive notice and public hearing requirements for an application
for development if the Planning Board or Subdivision Committee of the Board
appointed by the Chairman finds that the application for development conforms
to the definition of minor subdivision as it is defined in N.J.S.A. 40:55D-5.
Regardless of whether said minor subdivision is approved after public hearing
or as is hereinabove set forth, said approval shall be deemed to be final
approval of the subdivision by the Board, provided that the Board or said
subcommittee may condition such approval on terms ensuring the provision of
improvements provided in P.L. 1975, c. 291, or amendments 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.
