[HISTORY: Adopted by the City Council of the City of Estell Manor as indicated in article histories. Amendments noted where applicable.]
[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.
A. 
The members constituting the Planning Board shall consist of the following:
(1) 
Class I: the Mayor or the Mayor's designee in the absence of the Mayor.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
(2) 
Class II: one of the officials of the City, other than a member of the Council, to be appointed by the Mayor.
(3) 
Class III: a member of the City Council to be appointed by it by majority vote.
(4) 
Class IV: Six other citizens of the City to be appointed by the Mayor. The members of Class IV shall hold no other municipal office, position or employment except that one member may be a member of the Historic Preservation Commission if there be one appointed, and one may be a member of the Board of Education. For the purposes of this section, membership on a City 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.
B. 
In addition to the foregoing regular membership of the Planning Board, the Mayor shall also appoint not more than four alternative members who shall meet the qualifications of Class IV members. Alternate members shall be designated at the time of appointment by the Mayor as "Alternate No. 1," "Alternate No. 2," "Alternate No. 3" and "Alternate No. 4." The terms of the alternate members shall be for two years, except that the term of not more than two alternate members shall expire in any one year. Any vacancy occurring otherwise than by the expiration of a term shall be filled by the appointing authority for the unexpired term only. Alternate members may participate in discussions of the proceedings but may not vote except in the absence or disqualification of a regular member of any class. 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 or members are to vote, the alternate members shall be chosen in order of their designation by alternate number, with Alternate No. 1 being chosen to vote first, and Alternate No. 4 being chosen to vote last.
[Amended 7-11-2001 by Ord. No. 06-01]
[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.