A.
The City of Vineland hereby establishes a Municipal
Planning Board comprised of nine members.
B.
The membership shall consist of, for convenience in
designating the manner of appointment, the following four classes:
(1)
Class I: the Mayor.
(2)
Class II: a municipal official other than a member
of the governing body, appointed by the Mayor, provided that a member
of the Environmental Commission who is also a Planning Board member
as required by Section 1 of P.L. 1968, c. 245 (N.J.S.A. 40:56A-1)
shall be deemed to be the Class II member in the event that the Class
IV or alternate membership includes a member of the Zoning Board of
Adjustment or Historic Preservation Commission and a member of the
Board of Education.
(3)
Class III: a member of the governing body appointed
by it.
(4)
Class IV: other citizens of the City of Vineland appointed
by the Mayor. The Class IV member shall hold no other municipal office
except that one member may be a member of the Zoning Board of Adjustment
or Historic Preservation Commission and a member of the Board of Education.
If such be the case, then the Environmental Commission member shall
be deemed to be the Class II member. For the purpose of this section,
membership on a municipal board or commission whose function is discretionary
and not required by statute shall not be considered the holding of
municipal office.
C.
The terms of office for each class shall be as follows:
(1)
For Class I members, the term shall correspond to
official tenure.
(2)
For Class II and Class III members, the term shall
be for one year or terminate with the term of office, whichever occurs
first, except for a Class II member who is also a member of the Environmental
Commission. The term of an Environmental Commission member, whether
in Class II or Class IV, shall be for three years or terminate at
the completion of his term of office as a member of the Commission,
whichever occurs first.
(3)
For Class IV members, the initial term of office shall
not exceed four years and shall be spaced so that the term of at least
one member expires each year. Thereafter, the Class IV term shall
be four years. If a vacancy occurs before the term expires, it shall
be filled by appointment for the unexpired term.
D.
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 the Mayor,
after a public hearing if he requests one, may be removed by the governing
body for cause.
A.
The governing body hereby provides for the appointment
of two alternate members to the Planning Board, who shall meet the
qualifications of Class IV membership. Alternate members shall be
designated, at the time of appointment by the Mayor, as "Alternate
No. 1" and "Alternate No. 2."
B.
The terms of alternate members shall be for two years,
except that said terms shall be such that the term of not more than
one alternate shall expire in any one year. In no instance shall the
terms of the alternate members first appointed exceed two years. If
a vacancy occurs, the Mayor shall appoint a member to fill the unexpired
term only.
C.
The same rules of ethical conduct and the conditions
for removal which apply to Planning Board members shall apply to alternate
members.
D.
Alternate members may participate in discussions of
the proceedings but may not vote except in the absence or disqualification
of a regular member of any class. 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 is to vote,
Alternate No. 1 shall vote.
The Planning Board shall elect a Chairman and
Vice Chairman from the Class IV members, shall select a Secretary,
who may or may not be a member of the Board or a municipal employee,
and shall create and fill such other offices as established by ordinance.
The Board may employ or contract for and fix the compensation of legal
counsel other than the Municipal Attorney, experts, staff and services
as it may deem necessary, not exceeding, exclusive of gifts or grants,
the amount appropriated by the governing body for its use.
A.
The Planning Board shall follow the provisions of
this chapter and shall accordingly exercise its powers in regard to:
B.
The Planning Board may:
(1)
Participate in the preparation and review of programs
or plans required by state or federal law or regulation.
(2)
Assemble data on a continuing basis as part of a continuous
process.
(3)
Perform such other duties as are assigned to it by
ordinance or resolution of the governing body to aid and assist said
body or other agencies or officers.
A.
Prior to the adoption of a development regulation
or any revision or amendment thereto, the Planning Board shall transmit
a report to the governing body within 35 days after referral, including
identification of any provisions in the proposed regulation, revision
or amendment which are inconsistent with the Master Plan, and recommendations
concerning these inconsistencies and any other matters the Board deems
appropriate. The governing body shall review the report, may disapprove
or change any recommendation by a majority vote of its full membership
and shall record in its minutes the reasons for not following the
Board's recommendations. Failure of the Board to send its report within
35 days shall relieve the governing body from the requirements of
this subsection. Nothing in this section shall be construed as diminishing
the application of the provisions of N.J.S.A. 40:55D-32 (official
map) or N.J.S.A. 40:55D-62 (power to zone).
B.
The governing body may, by ordinance, provide for
the reference of any matter to the Planning Board before final approval
of said matter. Such reference shall not extend the time for action
by the referring body, whether or not the Planning Board has submitted
its report. Whenever the Planning Board shall have made recommendations
to another municipal body, such recommendations may not be rejected
except by a majority vote of the full authorized membership of such
other body.
The Mayor may appoint one or more persons as
a Citizens Advisory Committee to assist the Planning Board in its
duties, but such person or persons shall have no power to vote or
take other action required by the Board and shall serve at the pleasure
of the Mayor.
Whenever the Environmental Commission has prepared
and submitted to the Planning Board and the Zoning Board of Adjustment
an index of the natural resources of the City of Vineland, said Boards
shall make available to the Commission an informational copy of every
application submitted to either Board. Failure of the Planning Board
or the Zoning Board of Adjustment to make such informational copy
available to the Environmental Commission shall not invalidate any
hearing or proceeding.
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(NOTE: The basis for this article is N.J.S.A.
40:55D-23 to 40:55D-27.)
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