[Amended 8-10-1994 by Ord. No. 675-94]
A. The term of the member in Class I shall correspond
with his official tenure. The terms of the members in Class II and
Class III shall be for one year or shall terminate at the completion
of their respective terms of office, whichever occurs first.
B. The term of a Class IV member who is also a member
of the Board of Adjustment or the 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.
C. The terms of 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 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 Borough 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 Planning Board is authorized to adopt bylaws
governing its procedural operation. It shall also have the following
powers and duties:
A. To make and adopt 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-28.
B. To administer the provisions of Chapter
178, Subdivision of Land, and Chapter
159, Site Plan Review, in accordance with the provisions of said chapters and the Municipal Land Use Law of 1975, N.J.S.A. 40:55D-1 et seq.
C. To approve conditional use applications in accordance with the provisions of Chapter
200, Zoning, pursuant to N.J.S.A. 40:55D-67.
D. To participate in the preparation and review of programs
or plans required by state or federal law or regulations.
E. To assemble data on a continuing basis as part of
a continuous planning process.
F. To annually prepare a program of municipal capital
improvement projects projected over a term of six years, and amendments
thereto, and recommended the same to the governing body.
G. 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 pass upon other matters specifically referred to the Planning
Board by the Mayor and Council pursuant to the provisions of N.J.S.A.
40:55D-26b.
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 variances pursuant to N.J.S.A.
40:55D-70c. 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. The developer may elect to
submit a separate application requesting approval of the variance
and a subsequent application for any required approval of a subdivision,
site plan or conditional use. The separate approval of the variance
shall be conditioned upon grant of all required subsequent approvals
by the Planning Board.
[Amended 5-14-1980 by Ord. No. 409; 4-10-1985 by Ord. No.
529-85; 4-8-1998 by Ord. No. 726-98]
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.
J. The Planning Board shall have all of the powers and
duties listed and enumerated in the Municipal Land Use Law.
[Added 4-8-1998 by Ord. No. 726-98]
K. In addition, upon the request of the Mayor and Council,
the Planning Board shall make written recommendation on any matter
which is referred to it for consideration.
[Added 4-8-1998 by Ord. No. 726-98]
L. In addition, the Planning Board shall exercise, to
the same extent and subject to the same restrictions, all the powers
and duties of a Board of Adjustment listed and enumerated in the Municipal
Land Use Law; provided, however, that the Class I and Class III members
shall not participate in the consideration of the applications for
development which involve relief pursuant to Section 57d of P.L. 1975,
c. 291 (N.J.S.A. 40:55D-70d). Alternate members of the Planning Board
shall not take the place of a Class I or Class III members of the
Board when they must step down from consideration.
[Added 4-8-1998 by Ord. No. 726-98]
[Amended 5-14-1980 by Ord. No. 409; 8-10-1994 by Ord. No.
675-94]
Applications for development within the jurisdiction
of the Planning Board pursuant to the provisions of P.L. 1975, c.
291, shall be filed with the Secretary of the Planning Board.
The applicant shall file at least 14 days before the date of the monthly
meeting of said Board no fewer than 18 copies of its application form,
sketch plat, subdivision and/or site plan maps or any other papers
deemed necessary as the circumstances may provide. At the time of
the filing of the application, but in no event less than 10 days prior
to the date set for hearing, the applicant shall also file all plat
plans, maps or other papers required by virtue of any provisions of
this chapter or any rule of the Planning Board. The applicant shall
obtain all necessary application forms from the Planning Board Secretary.
The Secretary of the Board shall inform the applicant of the steps
to be taken to initiate applications and of the regular meeting dates
of the Board.
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.
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.