[Adopted 11-5-1997 by Ord. No. 97-6 (Ch. II, Sec. 2-13, of
the 1974 Revised General Ordinances)]
There shall be a Planning Board of the City consisting of nine
members.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
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
shall terminate at the completion of their respective terms of office,
whichever occurs first. The terms of all Class IV members first appointed
pursuant to this section shall be so determined that, to the greatest
practical extent, the expiration of such terms shall be distributed
evenly over the first four years after their appointment as determined
by resolution of the City Council, provided that no term of any member
shall exceed four years, and further provided that nothing herein
shall affect the term of any present Class IV member of the Planning
Board, all of whom shall continue in office until the completion of
the terms for which they were appointed. The term of a Class IV member
who is also a member of the Board of Education shall terminate whenever
he/she is no longer a member of such other body or at the completion
of his or her Class IV term, whichever occurs first. After appointment
of the initial terms of all Class IV members as aforesaid, 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 is made.
The Planning Board shall exercise those powers as set forth
in the Municipal Land Use Law, Chapter 291 of the Laws of New Jersey,
1975, N.J.S.A. 40:55D-1 et seq., including those powers which may
heretofore or hereafter be set forth in amendments or supplements
to the same.
The City of Estell Manor does hereby further exercise the option
provided by N.J.S.A. 40:55D-25c to have the Planning Board exercise
all powers of a Board of Adjustment. The Planning Board shall exercise,
to the same extent and subject to the same restrictions, all the powers
of a Board of Adjustment, but the Class I and the Class III members
shall not participate in consideration of applications for development
which involve relief pursuant to Subsection d of Section 57 of P.L.
1975, c. 291 (N.J.S.A. 40:55D-70d).
Whenever relief is requested in a manner in which the Planning
Board exercises, to the same extent and subject to the same restrictions,
any of the powers and duties of the Board of Adjustment pursuant to
N.J.S.A. 40:55D-70d or otherwise, notice of a hearing on the application
for development shall include reference to the request for variance
or direction for issuance of a permit, or other relief, as the case
may be.