There is hereby established pursuant to the Act in the Borough
of Lincoln Park a Planning Board of nine members consisting of the
following four classes:
A.
Class I: the Mayor.
B.
Class II: one of the officials of the municipality other than a member
of the governing body to be appointed by the Mayor.
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 may be a member of the Board of Education.
A.
The term of the member composing Class I shall correspond with his
official tenure. The term 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.
B.
The term of a Class IV member who is also a member of the Zoning
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 all Class IV members first appointed pursuant to this
chapter shall be so determined that to the greatest practical 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 term of any present member of the Planning Board, all of
whom shall continue in office until the completion of the term for
which they are 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.
A.
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.
B.
If the Planning Board lacks a quorum because any of its regular or
alternate members is prohibited by Subsection b of N.J.S.A. 40:55D-23
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 Zoning
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 Zoning 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 Chairperson of the Zoning
Board of Adjustment shall make the choice.[1]
The Planning Board shall annually elect a Chairperson and Vice
Chairperson from the members of Class IV and select a Secretary who
may or may not 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, 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 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 reexamine and/or amend a
master plan for the physical development of the Borough in accordance
with the provisions of N.J.S.A. 40:55D-28 and 40:55D-89.
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.
When authorized by resolution of the governing body, to prepare a
program of municipal capital improvement projects projected over a
term of six years, and amendments thereto, and recommend the 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.
To approve conditional uses in accordance with the provisions of Chapter 28, Zoning, of the Code of the Borough of Lincoln Park pursuant to N.J.S.A. 40:55D-67.
H.
Grant of relief.
(1)
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:
(a)
Variances pursuant to § 17-3.10A(3) of this chapter.
(b)
Direction pursuant to § 17-3.11A of this chapter for issuance of a permit for a building or structure in the bed of a street or public drainageway, flood control basin or public area reserved pursuant to this chapter.
(c)
Direction pursuant to the Act for issuance of a permit for a
building or structure not related to a street.
(2)
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.
(3)
The developer may elect to submit a separate application requesting approval of the variance or direction of the issuance of a permit and a subsequent application for any required approval of a subdivision, the site plan or conditional uses. The separate approval of the variance or direction of the issuance of a permit shall be conditioned upon grant of all required subsequent approvals by the Planning Board. No such subsequent approval shall be granted unless the approval can be granted without substantial detriment to the public good and without substantial impairment of the intent and purpose of the zone plan and Chapter 28, Zoning.
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.
To review and make recommendation as to the location, character and
content of capital projects in conjunction with the Master Plan, upon
reference from the governing body or other public agency having jurisdiction
thereof, pursuant to N.J.S.A. 40:55D-31.
A.
Pursuant to the provisions of N.J.S.A. 40:55D-23.1, the Mayor shall
appoint two alternate members to the Planning Board, who shall meet
the qualifications of Class IV members.
B.
Alternate members shall be designated at the time of appointment
by the Mayor as Alternate No. 1 and Alternate No. 2. The terms of
the alternate members shall be for two years, except that the terms
of the alternate members shall be such that the term of not more than
one alternate shall expire in any one year; provided, however, that
in no instance shall the terms of the alternate members first appointed
exceed two years. A vacancy occurring otherwise than by expiration
of term shall be filled by the Mayor for the unexpired term only.
C.
Alternate members may participate in discussion of the proceedings
but may not vote except in the absence or disqualification of a regular
member. 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.
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.
If the literal enforcement of one or more provisions of this
chapter is impracticable or will exact undue hardship because of peculiar
conditions pertaining to the land in question, the Planning Board,
when acting upon applications for major or minor subdivision approval,
shall have the power to grant such exceptions from the requirements
for subdivision approval, and to the same extent, when acting upon
major or minor site plan or conditional use approval, shall have the
power to grant such exceptions from the respective applicable requirements
thereof, all as may be reasonable and within the general purpose and
intent of the provisions of this chapter.
