There is hereby established pursuant to P.L.
1975, c. 291, in the borough a Planning Board of nine members, consisting
of the following four classes:
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, ff there is 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 if there are both a member of
the Zoning Board of Adjustment and a member of the Board of Education
among the Class IV members.
C. Class III: a member of the governing body, to be appointed
by it.
D. Class IV: six other citizens of the municipality to
be appointed by the Mayor. The members of Class IV shall hold no other
municipal office, except that one member may be a member of the Zoning
Board of Adjustment and one may be a member of the Board of Education.
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 unless there are 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 the Environmental Commission shall be deemed
to be a Class II member of the Planning Board.
E. Alternate members. Two alternate members, to be appointed by the Mayor and who shall meet the qualifications of Class IV members of the Board (Subsection
D above). Alternate members shall be designated as "Alternate No. 1" and "Alternate No. 2."
[Added 3-17-1992 by Ord. No. 6-0-92]
[Amended 3-17-1992 by Ord. No. 6-0-92]
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, 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 comes first. The term of a Class IV member who
is also a member of the Zoning Board of Adjustment or a 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 pursuant to 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 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 term of any present member 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 hereinabove
provided. All terms shall run from January 1 of the year in which
the appointment is made. The terms of the alternate members shall
be for two years, except that the terms of the alternate members shall
be such that the term 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.
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, 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.
In addition, 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, however, exceed, exclusive
of gifts or grants, the amount appropriated by the governing body
for its use.
The Planning Board is authorized to adopt bylaws
governing its procedural operation. It shall also have the following
powers and duties:
A. To make, adopt, examine and from time to time amend
a Master Plan for the physical development of the borough, including
any areas outside its boundaries, which in the Board's judgment bear
essential relation to the planning of the borough in accordance with
the provisions of N.J.S.A. 40:55D-89.
B. To administer the provisions of the land subdivision
ordinance and site plan review ordinance of the borough, in accordance
with the provisions of said ordinances and the Municipal Land Use
Law of 1975, and particularly pursuant to N.J.S.A. 40:55D-37 et seq.
C. To participate in the preparation and review of programs
or plans required of the Planning Board by state or federal law or
regulations.
D. To assemble data on a continuing basis as part of
a continuous planning process.
E. When authorized by resolution of the governing body,
prepare a program of municipal capital improvement projects projected
over a term of six years, and amendments thereto, and recommend same
to the governing body.
F. To consider and make a report to the governing body
within 35 days after a referral as to any proposed development regulation
submitted to it, pursuant to the provisions of N.J.S.A. 40:55D-26b.
G. To approve conditional uses in accordance with the
provisions of the zoning ordinance, pursuant to N.J.S.A. 40:55D-67.
H. 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:
(1) Variances, pursuant to Section 57c of P.L. 1975, c.
291 (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.
(2) Direction pursuant to Section 25 of said Act (N.J.S.A.
40:55D-34) 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 Section 23 of said Act (N.J.S.A.
40:55D-32).
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Whenever relief is requested pursuant to this
subsection, notice of a 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.
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I. 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 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 actions required of the Board. Such person or
persons shall serve at the pleasure of the Mayor.
Whenever the Environmental Commission, if the
borough creates said Commission, has prepared and submitted to the
Planning Board an index of the natural resources of the municipality,
the Planning Board shall make available to the Environmental Commission
an informational copy of every application for development 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.
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.