There is hereby established, pursuant to P.L. 1975, c. 291, in the Borough of Lodi, a Planning Board of nine members,
consisting of the following four classes:
A. Class I: the Mayor or the Mayor's designee in the absence of the
Mayor. The Mayor's designee shall serve at the pleasure of the Mayor
during the Mayor's official tenure.
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,
if 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 member 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 of
the Environmental Commission shall be deemed to be the Class II member
of the Planning Board.
[Added 10-5-1988 by Ord. No. 88-24]
A. After the effective date of the section, the membership of the Planning
Board of the Borough of Lodi shall include, in addition to its presently
authorized membership, two alternate members.
B. The alternate members shall be appointed by the Mayor and shall meet
the requirements of Class IV members of nine-member planning boards.
C. The terms of the alternate members shall be for two years and shall
commence on July 1 of the year appointed. The terms of the alternate
members first appointed shall be such that the term of no more than
one alternate shall expire in any one year, provided that the terms
of the alternate members first appointed shall not exceed two years.
A vacancy occurring other than by expiration of term shall be filled
by the Mayor for the unexpired term only.
D. Alternate members shall be designated by the Mayor at the time of
appointment as "Alternate No. 1" and "Alternate No. 2."
E. 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 member is to vote, Alternate
No. 1 shall vote.
F. If the Planning Board lacks a quorum because any of its regular or
alternate members is prohibited by N.J.S.A. 40:55D-23b or N.J.S.A.
40:55D-23.1 from acting on a matter due to the member’s personal
or financial interests therein, regular members of the Board of Adjustment
shall be called upon to serve, for that matter only, as temporary
members of the Planning Board in order of seniority of continuous
service to the Board of Adjustment until there are the minimum number
of members necessary to constitute a quorum to act upon the matter
without any personal or financial interest therein, whether direct
or indirect. If a choice has to be made between regular members of
equal seniority, the Chairman of the Board of Adjustment shall make
the choice.
If a vacancy of any class shall occur otherwise than by expiration
of term, it shall be filled by appointment as provided above for the
unexpired term.
The Planning Board shall elect a Chairman and Vice Chairman
from the members of Class IV, select a Secretary, who may or may not
be a member or alternate member of the Planning Board or a municipal
employee, and create and fill such other offices as established by
ordinance. An alternate member may not serve as Chairman or Vice Chairman
of the Planning Board. It may employ, or contract for, and fix the
compensation of legal counsel, other than the Municipal Attorney,
and experts, and other 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. The governing body shall make provisions
in its budget and appropriate funds for the expenses of the Planning
Board.
A Planning Board Attorney shall be appointed in the manner,
for the term and for such compensation as may be established by ordinance.
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 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. 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 municipality, including any areas outside
its boundaries which, in the Board's judgment, bear essential
relation to the planning of the municipality, in accordance with the
provisions of N.J.S.A. 40:55D-28.
B. To administer the provisions of this chapter and to approve conditional use applications in accordance with Chapter
585, Zoning, pursuant to N.J.S.A. 40:55D-67.
C. To participate in the preparation and review of programs or plans
required by state or federal law or regulations.
D. To assemble data on a continuing basis as part of a continuous planning
process.
E. To annually 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 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 governing body, pursuant to the provisions of N.J.S.A. 40:55D-26b.
G. 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 Section 57c of P.L. 1975, c. 291 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. 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.
H. 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.
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 Administrative Officer of the
Borough of Lodi. The applicant shall file, at least 14 days before
the date of the monthly meeting of the Board, three copies of a sketch
plat, three copies of an application for minor subdivision approval,
three copies of an application for major subdivision approval or three
copies of an application for site plan review, conditional use approval
or planned development. At the time of filing the application, but
in no event less than 10 days prior to the date set for hearing, the
applicant shall also file all plot plans, maps or other papers required
by virtue of any provision of this chapter or any rule of the Planning
Board. The applicant shall obtain all necessary forms from the Administrative
Officer. The Administrative Officer 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.
Whenever the Environmental 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.