[Amended 1-29-1979 by Ord. No. 1-79; 3-13-2017 by Ord. No. 3-2017]
There is hereby established pursuant to N.J.S.A. 40:55D-1 et
seq., in Corbin City, a Planning Board of nine members consisting
of the following 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, provided
that if there is an Environmental Commission, the member of the 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 deemed to be the Class II Planning Board member, if there is both
a member of the Zoning Board of Adjustment and a member of the Board
of Education among the Class IV members.
C.
Class III: one member of the governing body to be appointed by it.
D.
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 purpose 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.
E.
In addition to the foregoing regular membership of the Planning Board,
the Common Council shall also provide for alternate members, who shall
not exceed the number one in Class II and two in Class IV. All alternate
members appointed for Class II shall be appointed for a term to expire
at the same time as the term of the regular member of Class II. Alternate
members of Class IV shall serve for terms of two years; provided,
however, that in the event two alternate members of Class IV are appointed,
the initial terms of such members shall be one and two years, respectively,
and the terms of all alternate members of Class IV shall thereafter
expire on alternate years. When more than one alternate member is
appointed to Class IV, the Chairman of the Planning Board shall designate
such members "Alternate No. 1" and "Alternate No. 2," who shall serve
in rotation during the absence or disqualification of any regular
member or members.
A.
The term of the member composing Class I shall correspond with his
official tenure. The term of the member composing Class II and Class
III shall be for one calendar year or terminate at the completion
of his term 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 comes first.
B.
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/her 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 practicable 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 were 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.
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.
The Planning Board shall elect a Chairman and a Vice Chairman
from the members of Class IV and select a Secretary, who may 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 gift 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., 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 for the
physical development of the municipality, including any areas outside
its boundaries which in the Board’s judgment bear essential
relation to the planning of the municipality, in accordance with the
provisions of N.J.S.A.40:55D-28.
B.
To administer the provisions of the Land Subdivision Ordinance and
Site Plan Review Ordinance of the municipality in accordance with
the provisions of said ordinances and the Municipal Land Use Law,
Chapter 291, P.L. 1975, N.J.S.A. 40:55D-1 et seq.
C.
To approve conditional use applications in accordance with the provisions
of the Zoning Ordinance 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 a report to the governing body within a thirty-five-day
period after referral as to any proposed development regulation submitted
to it pursuant to the provisions of N.J.S.A. 40:55D-26(a), 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-26(b).
H.
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, variances
pursuant to N.J.S.A. 40:55D-70@ from lot area, lot dimensional setback
and yard requirements, provided that such relief from lot area requirements
shall not be granted for more than one lot. 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.
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.
