The title of the Board shall be "The Planning Board of Edgewater
Park, New Jersey."
A.
The Planning Board shall serve as a Planning Board and a Zoning Board
of Adjustment pursuant to the provisions of N.J.S.A. 40:55D-25.c.
and shall be established in accordance with the provisions set forth
in N.J.S.A. 40:55D-1 et seq.
B.
The nine-member board shall exercise all the powers of the Zoning
Board of Adjustment, but the Class I and Class III members shall not
participate in the consideration of applications for development which
involve relief pursuant to Subsection d. of N.J.S.A. 40:55D-70.
The annual meeting of the Board shall be held at a designated
time in January of each year, at which time the Board shall elect
from among its members, a Chairperson and a Vice Chairperson. The
Board shall also appoint a Secretary and a Board Attorney, all of
whom shall serve for one year and until their successors are appointed.
The Board may appoint such other officers and assistants and employ
such experts or staff as it may deem necessary. Only the Chairperson
and Vice Chairperson must be members of the Board.
The Chairperson, subject to these rules, shall decide all points
of order and matters of procedure governing the meeting unless otherwise
directed by a majority of the Board in session at the time. The Chairperson
shall have, subject to these rules and governing statutes, all the
powers and perform all the duties normally appertaining to his office.
The Chairperson or his designee shall swear all witnesses giving testimony
before the Board.
The Vice Chairperson shall preside at all Board meetings and
hearings in the absence of the Chairperson.
A.
Subject to these rules, and under the direction of the Chairperson,
the Secretary shall conduct all official correspondence, compile the
required records, maintain and keep in order the necessary files and
indices, and generally perform the secretarial work of the Board.
B.
The Secretary shall attend all meetings of the Board, and shall have
the care and custody of all records, documents, maps, plans and papers
of the Board. When the votes are taken, the secretary shall take role
in alphabetical order by last name, except that the Chairperson shall
be called last.
C.
The Secretary shall make a record of, and keep on file, the minutes
of the proceedings at each meeting or hearing held by the Board and
shall enter therein with the other proceedings, such resolutions and
orders as are adopted and a copy of the minutes of that meeting. The
Secretary shall issue notices of meeting and shall perform such other
duties as usually appertain to his office.
D.
The Secretary shall file a brief notice of the Board's decision as
per N.J.S.A. 40:55D-10i and provide a full copy of the resolution
to the applicant.
The Planning Board may also employ or contract for and fix compensation
of such experts and other staff and services as may be necessary,
provided that the positions and services are more particularly described
within this chapter and funds have been provided for the services
to be rendered. The Board shall not authorize expenditures which exceed,
exclusive of gifts or grants, the amount appropriated by the governing
body for its use. The Board shall specifically have the power to appoint
the following positions:
A.
Board Attorney.
(1)
Generally. In accordance with the requirements of law, the Board
shall have the power, right and responsibility to employ an attorney
to advise the Board as to its legal rights. Said appointee shall be
answerable and responsible to the Board that appoints him. Said attorney
shall take action independent of any action taken by the Township
Solicitor in accordance with the principles of law.
(2)
Term. The Board Attorney shall be appointed for a term of one
year, commencing on January 1 of the year of appointment and terminating
on December 31 of the year of appointment.
(3)
Qualifications. The person appointed Board Attorney shall be
a licensed attorney within the State of New Jersey and possess such
other qualifications of ability and experience which the Board shall
deem necessary to perform the duties of his office.
(4)
Compensation. The Board Attorney shall receive reasonable fees
and charges for legal services as fixed by the Township Committee
of the Township of Edgewater Park.
(5)
Duties. The Board Attorney shall be the legal advisor to the
Board and shall prosecute and defend actions by and against the Board.
(6)
Administrative officer. The Construction Code Official of the
Township of Edgewater Park shall be deemed the Administrative Officer
to perform the services that the position entails under the provisions
of N.J.S.A. 40:55D-1 et seq.
B.
Board Engineer.
(1)
Generally. In accordance with the requirements of law, the Board
shall have the power, right and responsibility to employ a licensed
professional engineer to advise the Board as to engineering matters.
Said appointee shall be answerable and responsible to the Board that
appoints him. Said engineer shall take action independent of any action
taken by the Township Engineer in accordance with the prevailing principles
of law and, however, shall serve as Township Engineer when designated
and as required in the case of plan signature, the preparation of
bond estimates and bond releases and inspections as needed.
(2)
Term. The Board Engineer shall be appointed for a term of one
year commencing on January 1 of the year of appointment and terminating
on December 31 of the year of appointment.
(3)
Qualifications. The person appointed Board Engineer shall be
a licensed professional engineer within the State of New Jersey and
possess other qualification, ability and experience which the Board
shall deem necessary to perform the duties of his office.
(4)
Compensation. The Board Engineer shall receive reasonable fees
and charges for engineering services as fixed by the Township Committee
of the Township of Edgewater Park.
(5)
Duties. The Board Engineer shall be the advisor on engineering
matters to the Board. In this connection, he shall review all plans
and documents received by the Board for its action and make specific
recommendations concerning said matters.
C.
Board Planner.
(1)
Generally. In accordance with the requirements of law, the Board
shall have the power, right and responsibility to employ a licensed
professional planner to advise the Board as to planning matters. Said
appointee shall be answerable and responsible to the Board that appoints
him.
(2)
Term. The Board Planner shall be appointed for a term of one
year commencing on January 1 of the year of appointment and terminating
on December 31 of the year of appointment.
(3)
Qualifications. The person appointed Board Planner shall be
a licensed professional planner within the State of New Jersey and
possess other qualification, ability and experience which the Board
shall deem necessary to perform the duties of his office.
(4)
Compensation. The Board Planner shall receive reasonable fees
and charges for engineering services as fixed by the Township Committee
of the Township of Edgewater Park.
(5)
Duties. The Board Planner shall be the advisor on planning matters
to the Board. In this connection, he shall review all plans and documents
received by the Board for its action and make specific recommendations
concerning said matters.
The Board is authorized to adopt such rules and regulations
as may be necessary to carry into effect the provisions and purposes
of the land use chapters. It shall also have the following duties:
A.
To make and adopt and, from time to time, amend a Master Plan for
the physical development of the Township, including a specific policy
statement respecting its relationship to any areas outside its boundaries
which, in the Board's judgment, bears essentially upon the planning
of the Township, reworded to provide for a policy statement rather
than regulation, in accordance with the provisions of N.J.S.A. 40:55D-1
et seq.
B.
To administer the provisions of the Land Development Ordinance of
the Township in accordance with the provisions of such ordinances
and the Municipal Land Use Law (MLUL).
C.
To hear and act upon conditional use applications.
D.
To make the Official Map of the municipality for adoption by the
governing body pursuant to N.J.S.A. 40:55D-25 and 40:55D-32 et seq.
F.
To review the capital improvement program pursuant to N.J.S.A. 40:55D-29.
G.
To hear and consider variance applications and certain building permit
hearings in conjunction with subdivision, site plan and conditional
use approval.
H.
To participate in the preparation and review of programs or plans
required by state or federal law or regulation.
I.
To assemble data on a continuing basis as part of a continuous planning
process.
J.
To perform such 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, including with regard
to redevelopment planning and projects.
K.
To hear and decide appeals where it is alleged by the appellant that
there is an error in any decision, order, requirement or refusal made
by an administrative officer based upon or made in the enforcement
of the Zoning Ordinance.
L.
To hear and decide requests for interpretation of the Zoning Map
or Zoning Ordinance.
M.
To hear and decide requests for variances from lot area, lot dimensional,
setback and yard requirements, pursuant to N.J.S.A. 40:55D-70c.
N.
To hear and decide requests for variances to permit a use or structure,
an expansion of a nonconforming use, deviations from conditional use
requirements, an increase in the permitted floor area and the height
of a principal structure which exceeds the permitted height in the
zone by 10% or 10 feet.
The regular meetings of the Board shall be held at the Municipal
Building of Edgewater Park, New Jersey at a time and day designated
by the Board at the annual reorganization meeting. The Secretary shall
annually furnish a copy of the regular meeting dates for the year
to the news media designated by the municipal governing body in accordance
with the Open Public Meetings Act, N.J.S.A. 10:4-6 et seq.
Meetings may be called by the Chairperson or, in his absence,
by the Vice Chairperson, at any time or upon the written request of
two members, provided notice thereof be mailed or given to each member
of the Board at least two days prior thereto, and to the public as
required by the Open Public Meetings Law, N.J.S.A. 10:4-6 et seq.
All meetings shall be open to the public except such executive
sessions as authorized by N.J.S.A. 40:55D-9b and N.J.S.A. 10:4-6 et
seq.
The Board shall provide for the verbatim recording of the proceedings
by either stenographer, mechanical or electronic means, or both. The
Board shall furnish a transcript, or duplicate recording in lieu thereof,
on request of any interested party at such party's expense. All stenographers'
notes, electronic recordings or other verbatim records of meeting
shall be retained by the Board for at least five years from the date
of the hearing, or until the termination of any proceedings relating
to such matter in the Superior Court of the Supreme Court of the State
of New Jersey, whichever is longer.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
At all meetings of the Board, a quorum for the conducting of
business shall consist of five members. In the absence of a quorum,
the members present may adjourn the meeting, and the hearing on any
motion or application, to another date.
All motions shall require a second, and a motion which does
not obtain a second shall be deemed to be rejected.
All votes shall be taken by roll call, and the vote and name
of the person casting the vote shall be recorded in the minutes.
A.
Designation. The two alternate members of this Board appointed by
the governing body shall be designated by the appointing authority
as "Alternate Number 1" and "Alternate Number 2," respectively, and
each alternate shall retain said designation during the term for which
they are appointed.
B.
Appointment of alternate to serve on case. During the absence or
disqualification of any regular member, the Chairperson shall appoint
one of the alternate members to serve in the place of said regular
member; provided, however, that where the alternate member is designated
to serve in place of the regular member who is disqualified from participating
in the hearing of a particular case, the alternate member shall be
designed to serve only with respect to such case.
C.
Alternate to serve until final disposition. An alternate member who
has been designated to sit in place of a regular member and who has
participated in any hearing or matter coming before the Board shall
continue to act in the place of such regular member until the final
disposition of said matter by the Board.
D.
Alternate Number 1 to vote. In the event that a choice must be made
as to which alternate member is to vote, Alternate Number 1 shall
vote.
E.
Alternate not to serve at adjourned or continued hearing unless present
at prior hearings. When a regular member has been present and has
participated in the first hearing on any matter, no alternate member
shall be designated to serve during the absence of such regular member
during any adjourned or continued hearing or hearing on the same matter
unless said alternate member was present at such first hearing or
any prior adjourned or continued hearing on such matter, or if such
alternate listened to the recording of the prior proceedings in their
entirety and certifies to same.
F.
Rights and privileges. An alternate member who has been designated
to serve in the place of an absent or disqualified regular member
shall, during the period of his service, enjoy all the rights and
privileges and shall be subject to all of the duties and responsibilities
pertaining to regular members, if, but only if, the alternate certifies
that they have read a transcript or listened to a recording of prior
meetings; provided, however, that no alternate member shall be eligible
to serve as Chairperson or Vice Chairperson of the Board.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
G.
Participation in discussions; voting. Alternate members may participate
in discussions of the proceedings, but may not vote except in the
absence or disqualification of a regular member, nor shall any vote
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 Number 1 shall vote.
A.
Grounds; recommendation. Whenever a member of this Board shall absent
themselves from meetings of the Board, without just cause, for a period
deemed detrimental to the conduct of Board business, the Board may
recommend to the Township Committee of Edgewater Park, in writing,
that such member be removed in accordance with the provisions of N.J.S.A.
40:55D-69.
B.
Automatic vacancy. In accordance with the provision of N.J.S.A. 40A:9-12.1(g),
any Board member who, without being excused by a majority of the authorized
members of the Board, fails to attend and participate in meetings
of the Board for a period of four consecutive regular meetings, shall
be considered to be no longer a member of the Board and a vacancy
on the Board shall be deemed to exist, provided that the Board shall
notify the governing body in writing of such determination and further
provided that the Board may refuse to excuse only with respect to
those failures to attend and participate which are not due to legitimate
illness.
