[Amended 7-26-2011 by Ord. No. 11-07]
There is hereby established in the Borough of Raritan a Planning
Board, pursuant to N.J.S.A. 40:55D-25c, of nine members in four classes.
There shall be up to and including four alternate members, designated
by the Chairman as "Alternate No. 1," "Alternate No. 2," "Alternate
No. 3" and "Alternate No. 4." The alternate members shall be appointed
in accordance with the provisions of N.J.S.A. 40:55D-1 et seq. and
shall act in the absence of regular members in the manner permitted
by law.
A.
Class I: the Mayor or the Mayor's designee.
B.
Class II: one of the officials of the Borough, other than a member
of the Borough Council, to be appointed by the Mayor.
C.
Class III: a member of the Borough Council to be appointed by the
Borough Council.
D.
Class IV regular members: six other Borough residents to be appointed
by the Mayor. The members of Class IV shall not hold any other municipal
office, position or employment, except that one member may be a member
of the Board of Education, one member may be a member of the Historic
Preservation Commission, and one member must be a member of the Environmental
Commission as required by N.J.S.A. 40:56A-1; provided, however, that
if there be any designated Class IV regular or Class IV alternate
members of the Planning Board being a member of the Historic Preservation
Commission and the Board of Education, then the member of the Environmental
Commission shall be deemed to be the Class II member of the Planning
Board.
E.
Alternate members: up to four other Borough residents to be appointed
by the Mayor. Alternate members shall meet the qualifications for
Class IV regular members.
A.
The term of the member composing Class I shall correspond with the
Mayor's tenure; or, if the member is the Mayor's designee, the designee
shall serve at the pleasure of the Mayor during the Mayor's 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 the term for a Class II
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 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.
[Amended 7-26-2011 by Ord. No. 11-07]
B.
The terms of all Class IV members first appointed pursuant to this
chapter shall be so determined that, to the greatest practical extent,
the expiration of such term 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 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 herein provided.
The term for alternates shall be two years. All terms shall run from
January of the year in which the appointment was made.
C.
Any member other than a Class I member, after a public hearing if
he requests one, may be removed by the Council for cause.
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.
No member of the Board shall be permitted to act on any matter
in which he has, either directly or indirectly, any personal or financial
interest.
If the Board lacks a quorum because any of its regular or alternate
members is prohibited from acting on a matter due to the member's
personal or financial interest therein, regular members of the Zoning
Board of Adjustment[1] shall be called to serve, for that matter only, as temporary
members of the Planning Board, in order of seniority of continuous
service to the Zoning Board, until there are the minimum number of
members necessary to constitute a quorum to act upon the matter. If
a choice has to be made between regular members of equal seniority,
the Chairman of the Zoning Board shall make the choice.
[1]
Editor's Note: The Zoning Board of Adjustment was dissolved
7-26-2011 by Ord. No. 11-07.
The Planning Board shall elect a Chairman and Vice Chairman
from the members of Class IV and shall select a Secretary, who may
be either a member or alternate member of the Board or a municipal
employee designated by it. An alternate member shall not serve as
Chairman or Vice Chairman.
There is hereby created the office of Planning Board Attorney.
The 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.
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.), as amended, 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 to guide
the use of lands and the physical development within the municipality,
in accordance with the provisions of N.J.S.A. 40:55D-28.
B.
To administer the provisions of this chapter in accordance with these
provisions and the Municipal Land Use Law, P.L. 1975, c. 291, N.J.S.A.
40:55D-1 et seq., as amended.
C.
To approve conditional use applications in accordance with the provisions
of Part 6, 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 recommend
same to the governing body.
G.
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.
H.
To perform, to the same extent and subject to the same restrictions,
all of the statutory powers and duties of a board of adjustment, including:
[Amended 7-26-2011 by Ord. No. 11-07]
(1)
Hear
and decide appeals where it is alleged by the applicant that there
is an error in any order, requirement, decision or refusal made by
an official based on or made in the enforcement of the zoning provisions
of this chapter.
(2)
Hear and decide requests for interpretation of the Zoning Map or Part 6, Zoning, of this chapter or for decisions upon other special questions upon which the Board is authorized to pass by any zoning provisions of this chapter or by any duly adopted Zoning Map.
(3)
Grant
variances pursuant to N.J.S.A. 40:55D-70, provided that Class I and
Class III members shall not participate in the consideration of applications
which involve relief pursuant to N.J.S.A. 40:55D-70d.
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.
Prior to the adoption of a development regulation, revision
or amendment thereto, the Board shall make and transmit to the Council,
within 35 days after referral, a report including identification of
any provisions which are inconsistent with the Master Plan and recommendations
concerning those inconsistencies and any other matters as the Board
deems appropriate. The Council, when considering the adoption of a
development regulation, revision or amendment thereto, shall review
the report of the Board and may disapprove or change any recommendation
by a vote of a majority of its full authorized membership and shall
record in its minutes the reasons for not following such recommendations.
Failure of the Board to transmit its report within the thirty-five-day
period shall relieve the Council from the requirements of this section.
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.[1]
