Pursuant to the provisions of N.J.S.A. 40:55D-2 et seq., the
Borough of Edgewater Planning Board shall be comprised 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.
[Amended 9-20-2010 by Ord. No. 1439-2010]
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 for purposes of this Act in the event that there be among the
Class IV or alternate members of the Planning Board both a member
of the Zoning Board of Adjustment and a member of the Board of Education.
C. Class III: a member of the Borough Council, appointed by the Council.
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 such member may be a member of the Zoning Board of Adjustment or Historic Preservation Commission. A member of the Environmental Commission who is also a member of the Planning Board as required by N.J.S.A. 40:56A-I shall be a Class IV Planning Board member unless there be amongst the Class IV or alternate members both a member of the Zoning Board or Historic Preservation Commission and a member of the Board of Education, in which case the member common to the Planning Board and Environmental Commission shall be deemed a Class II member. Two Class IV members shall be appointed as alternates. See §
240-11.
If a vacancy in any class shall occur otherwise than by expiration
of term, it shall be filled by appointment as above provided for the
unexpired term.
Any member other than a Class I member, after a public hearing
if he requests one, may be removed by the Council for cause. No member
shall be permitted to act on any matter in which he has, either directly
or indirectly, any personal or financial interest. An alternate member
may, after public hearing if he requests one, be removed by the Borough
Council for cause.
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.
If the Planning Board lacks a quorum because any of its regular
or alternate members is prohibited by N.J.S.A. 40:55D-23 or 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.
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 approve conditional use applications as authorized by state statute.
C. To administer the provisions of the Land Use and Development Ordinance
of the Borough in accordance with the provisions of this chapter and
the Municipal Land Use Law of 1975, N.J.S.A. 40:55D-1 et seq.
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 continuing planning
process.
F. To review and make recommendations to the Council on the Official
Map of the Borough pursuant to N.J.S.A. 40:55D-32 and 40:55D-26.
G. To annually prepare a program of municipal capital improvement projects
over a term of six years, and amendments thereto, and recommend same
to the governing body.
H. 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 Borough Council pursuant to the provisions of N.J.S.A. 40:55D-26b.
I. 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) A variance pursuant to N.J.S.A. 40:55D-70c.
(2) Direct the issuance of a permit for a building or structure either
not related to a street (N.J.S.A. 40:55D-36) or in the bed of a mapped
street or public drainageway, flood control basin or public area reserved
on the Official Map (N.J.S.A. 40:55D-32).
(3) 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.
J. To perform such other advisory duties as are assigned to it by ordinance
or resolution of the governing body or other agencies or officers.
Applications for development within the jurisdiction of the
Planning Board, pursuant to the provisions of N.J.S.A. 40:55D-1 et
seq., shall be filed with the Zoning Officer. The applicant shall
complete all portions of the application form minimally 15 days before
the scheduled meeting and submit 16 copies of the application and
16 copies of the plans and reports associated with the application.
All applications, maps, reports and fees shall be submitted to the
Zoning Officer. The submission of the application shall be accompanied
by a completed checklist as adopted as part of this chapter. (See
Appendix A.) The Zoning Officer shall inform the applicant of the
steps to be taken to initiate proceedings and of the regular meeting
dates of the Board.
Whenever the Environmental Commission (if any environmental
commission exists) 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 a 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.
The Planning Board may employ, or contract for, and fix the
compensation of legal counsel, experts and other staff and services
as it may deem necessary. The Board shall not, however, exceed, exclusive
of funding or grants, the amount appropriated by the governing body
for its use.