[1997 Code § 65-1; 1997 Code § 65-2;
N.J.S.A. 40:55D-23; 1997 Code § 65-3; N.J.S.A. 40:55D-23;
1997 Code § 65-4; N.J.S.A. 40:55D-24; 1997 Code § 65-5;
N.J.S.A. 40:55D-28; 1997 Code § 65-6; N.J.S.A. 40:55D-1
et seq.; 1997 Code § 65-7; N.J.S.A. 40:55D-10; 1997 Code
§ 65-8]
A. Creation. There shall be a nine member Planning Board for the City
of Absecon. All members of the Planning Board, except for the Class
II members set forth below, shall be municipal residents. The Planning
Board shall have and exercise such powers and duties as are hereby
expressly granted by this Chapter and N.J.S.A. 40:55D-1 et seq.
B. Composition.
(1) Class I: the Mayor or the Mayor's designee in the absence of
the Mayor.
(2) 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 be an environmental commission, the member of the environmental
commission who is also a member of the Planning Board as required
by section 1 of N.J.S.A. 40:56A-1, shall be deemed to be the Class
II Planning Board member 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.
(3) Class III: a member of the Governing Body to be appointed by the
Council.
(4) Class IV: six citizens of the municipality, to be appointed by the
Mayor.
The members of Class IV shall hold no other municipal office,
position or employment, except that in the case of nine-member boards,
one such member may be a member of the Zoning Board of Adjustment
or Historic Preservation Commission. In the case of a nine-member
Board, one Class IV member may be a member of the Board of Education.
If there be a municipal 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 a Class IV Planning Board
member, unless there be among the Class IV or alternate members of
the Planning Board both a member of the Zoning Board of Adjustment
or Historic Preservation Commission and a member of the Board of Education,
in which case the member common to the Planning Board and municipal
Environmental Commission shall be deemed a Class II member of the
Planning Board. For the purpose of this section, membership on a municipal
board or commission whose function is advisory in nature, and the
establishment of which is discretionary and not required by statute,
shall not be considered the holding of municipal office.
C. Terms; vacancies. The term of the member composing Class I shall
correspond to the Mayor's official tenure or if the member is
the Mayor's designee in the absence of the Mayor, the designee
shall serve at the pleasure of the Mayor during the Mayor's official
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 for a Class II member
who is also a member of the Environmental Commission. The term of
a Class II or Class IV 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 occurs first. The term of a Class IV member who is also
a member of the Board of Adjustment or 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. The Class IV term of
each such member shall be four years. If a vacancy in any class shall
occur otherwise than by expiration of the Planning Board term, it
shall be filled by appointment, as above provided, for the unexpired
term.
D. Conflicts of interest; removal of member. 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 a Class I member, after a public hearing if he requests
one, may be removed by the Governing Body for cause.
E. Organization authority to adopt bylaws and employ staff. The Planning
Board shall adopt bylaws governing its procedural operation. It shall
elect a Chairman from the members comprising Class IV and shall create
and fill such other offices as established by ordinance. It shall
have the power and authority to employ experts and a staff and to
pay for their services and such other expenses as may be necessary
and proper, not exceeding in all, exclusive of gifts, the amount appropriated
by the Council of the City of Absecon City for its use.
F. Preparation and adoption of Master Plan. Said Planning Board may
prepare and, after public hearing, adopt and from time to time amend
a Master Plan for the physical development of the City of Absecon
City, which generally shall comprise land use, circulation and a report
presenting the objectives, assumptions, standards and principles which
are embodied in the various interlocking portions of the Master Plan.
The Master Plan shall be a composite of the one or more mapped and
written proposals recommending the physical development of the City
of Absecon City which the Planning Board shall have adopted, either
as a whole or severally, after public hearing. Such Master Plan may
include proposals for various stages in the future development of
the City of Absecon City. The scope of said Master Plan may cover
any one or all of the matters set forth in N.J.S.A. 40:55D-28. In
the preparation of the Master Plan, the Planning Board shall give
due consideration to the probable ability of the City of Absecon City
to carry out, over a period of years, the various public or quasi-public
projects embraced in the plan without the imposition of unreasonable
financial burdens, and in such preparation said Planning Board shall
make such studies and surveys and shall be guided by the general purposes
as are set forth or expressed in N.J.S.A. 40:55D-28. All of the powers
set forth in or referred to in this section of this chapter are hereby
expressly granted.
G. Powers and duties. In accordance with the provisions of N.J.S.A.
40:55D-1 et seq. the Planning Board is hereby designated as the referral
agency to the Council of the City of Absecon City in administering
the provisions of the Land Use and Development Regulations of the
City, which powers are incorporated herein by reference to the aforesaid
laws and are hereby expressly granted. The Chairman of said Planning
Board shall, with the approval of the majority of the Board, appoint
a Subdivision Committee to exercise the powers expressed in N.J.S.A.
40:55D-1 et seq., repealed which powers are incorporated herein by
reference to the aforesaid laws and are hereby expressly granted.
H. Hearings; procedure. Hearings shall be in accordance with N.J.S.A.
40:55D-10.
I. Compliance with regulations. In the discharge of any power granted
by this Article, the Planning Board shall comply with the conditions,
standards, procedures and regulations enumerated in the section of
this Code and N.J.S.A. 40:55D-1 et seq.
[1997 Code § 83-1; Ord. No. 11-97; 1997 Code § 83-2; 1997
Code § 83-3; 1997 Code § 83-4; 1997 Code § 83-5;
1997 Code § 83-6; 1997 Code § 83-7; 1997 Code
§ 83-8; 1997 Code § 83-9; 1997 Code § 83-10]
A. Established; membership. The City of Absecon City Shade Tree Committee
is hereby established. The Advisory Committee shall consist of seven
members appointed by the Mayor, who shall be residents of this municipality
and shall serve without compensation, except as hereinafter provided.
B. Terms of office. The members of the Committee shall be appointed
for a term of five years and their terms of office shall commence
on January 1 next succeeding such appointment.
C. Organization; officers. The Advisory Committee shall organize annually
by the election of one of its members as Chairman and the appointment
of Secretary, who need not be a member.
D. Vacancy. Any vacancy occurring by reason of death or resignation
of any member of the Shade Tree Committee shall be appointed for the
unexpired term by the Mayor.
E. Scope and responsibilities. The scope and responsibilities of the
Shade Tree Committee shall be as follows:
(1) To prepare programs and plans for consideration by the Governing
Body with respect to the purchase, planting, spraying, care, rearing,
trimming, preserving and control of the shade and ornamental trees
of the City of Absecon City.
(2) To meet with the Governing Body upon its request for discussion of
programs and recommendations.
(3) To consult regularly with the Councilperson in charge of public buildings
and grounds concerning the shade tree program of the City of Absecon
City.
(4) To encourage arboriculture.
F. Inspection and report to Planning Board.
(1) When application for a major subdivision of land is first submitted
to the Planning Board, the Planning Board shall, within two weeks,
advise the City of Absecon City Shade Tree Committee of the desired
subdivision, whereupon the Committee shall inspect the property involved,
noting the number, type and location of the various trees and shrubbery
situated on the land proposed to be subdivided, their approximate
age and density of growth, and taking into account the necessity for
cutting or trimming to meet subdivision requirements.
(2) Within 30 days after receipt of such information, the Shade Tree
Committee shall make a written report of its findings to the Absecon
Planning Board, together with any recommendation it might desire to
make regarding the safeguarding of desirable trees and shrubbery during
the course of the subdivision and the erection of buildings in such
development.
G. Powers. The Shade Tree Committee shall have the power to:
(1) Regulate and control the use of the grounds surrounding the shade
and ornamental trees and shrubbery so far as may be necessary for
their proper growth, care and protection.
(2) Move or require the removal of any tree or part thereof dangerous
to public safety.
(3) Administer treatment to or remove any tree situated upon private
property which is believed to harbor a disease or insects readily
communicable to neighboring healthy trees in the care of the municipality
and enter upon private property for that purpose, with the consent
of the owner thereof, provided that this suspected condition is first
confirmed by a certificate of the Atlantic County Department of Agriculture.
H. Cost assessment. The initial costs of all trees planted by the Shade
Tree Committee, the cost of planting the same, the cost of the post
and boxes or guards used for the protection of the trees and the cost
of the removal of any tree or part thereof dangerous to public safety
shall be the responsibility of the City of Absecon City.
I. Appropriations. The City Council of Absecon City shall annually appropriate
such sum as it may deem necessary for the purchase of trees and shrubbery,
the purchase of necessary equipment and the materials and for the
cost of services for the promotion of the work.
J. Authority of governing body not superseded. Nothing contained in
this Article shall be held to take away or diminish any of the powers
or authority of the City Council over the trees or shrubbery in the
City of Absecon City within its jurisdiction or to give any other
commission or board any power or authority with respect to such trees
or shrubbery.
[1997 Code § 34-1; Ord. No. 01-99; 1997 Code § 34-2; Ord. No. 01-99; 1997 Code
§ 34-3; Ord. No. 01-99; 1997 Code § 34-4; Ord. No. 01-99; 1997 Code § 34-5; Ord. No. 01-99; 1997 Code
§ 34-6; Ord. No. 01-99; 1997 Code § 34-7; Ord. No. 01-99; 1997 Code § 34-8; Ord. No. 01-99]
A. Established. A Financial Advisory Board (hereinafter referred to
as the "Board") is hereby established for and in the City of Absecon.
B. Duties. The duties of the Financial Advisory Board shall be as follows:
(1) To assist and make recommendations to the Revenue, Appropriations
and Finance Committee of the Council of the City of Absecon regarding
all matters relating to the financial, tax and insurance aspects of
the municipality.
(2) To make recommendations and suggestions, utilizing their experience
and expertise by assisting the Council of the City of Absecon to help
improve the financial aspects of the municipality.
(3) To undertake such other activities related to the financial issues
of the municipality that the Council of the City of Absecon may, from
time to time, authorize by resolution.
C. Membership; terms; officers.
(1) The Board shall consist of three residents of the City of Absecon,
appointed by the Council of the City of Absecon. City Council may
also appoint one or more alternate members to the Board.
(2) Members shall serve terms of one year, commencing at the annual reorganization
meeting.
(3) The Council of the City of Absecon shall appoint a Chairman of the
Board and may appoint a Vice Chairman. The Chairman of the Board may
appoint additional officers as needed.
D. Vacancies and removal.
(1) If a vacancy shall occur, it shall be filled by an appointment to
the unexpired term.
(2) All regular members are expected to attend meetings. If a regular
member is absent from three successive regularly scheduled meetings,
it shall be deemed as cause to request a resignation of such a member,
with the concurrence of the Chairman.
(3) The Board Chairman shall immediately inform the City Administrator
and City Clerk of resignations.
(4) No member of any Board shall act on any manner in which he has, either
directly or indirectly, a personal or financial conflict of interest.
E. Compensation. The members of the Board shall receive no salary or
other compensation for their services, but each member may be entitled
to be reimbursed for expenses approved by the Chairman and City Administrator.
Purchases shall be in conformity with the purchasing procedures established
by the Administrative Code and by the City Administrator.
F. Meetings.
(1) All meetings of the Board will be open to the public except those
excluded by the New Jersey Open Public Meetings Act, N.J.S.A. 10:4-6
et seq.
(2) Meeting shall be held at the Absecon Municipal Complex or some other
public building whenever possible.
(3) The City Administrator and City Clerk shall be advised of the time
and location of public meetings.
G. Operating procedures.
(1) The Financial Advisory Board is an advisory body to the Revenue,
Appropriations and Finance Committee and shall report to them. This
does not preclude the Board from working with the City Administrator
and, with his authorization, other personnel of the City, including
the City Engineer and City Attorney.
(2) The Board meetings shall include the following:
(a)
It is advisable that all meetings have a written agenda for
distribution to each member.
(b)
Minutes are recommended and should include the date and time
of the meeting, the names of the members attending and the principle
decisions reached. Minutes shall be distributed to Committee members
and the City Clerk.
(c)
A schedule of the year's meetings should be proposed and
filed with the City Clerk.
(d)
It is recommended that the Chairperson provide new members with
a package which includes the names and addresses of other Board members
and other pertinent materials.
(3) It is recommended that the Board Chairman distribute recommendations
and proposals to the Revenue, Appropriations and Finance Committee
for review.
(4) Minutes and reports of the Board are part of the general public record.
The Chairman shall supply a copy of all minutes and reports to the
Chairman of the Revenue, Appropriations and Finance Committee.
H. Communications by the Board. All communications intended for public
distribution including, but not limited to, correspondence with other
government agencies, legislatures and newspapers shall be submitted
for review to the Chairman of the Revenue, Appropriations and Finance
Committee.