[MC 2002-29 § 17:2-1, December 2, 2002]
The Planning Board previously established is hereby continued
pursuant to the Municipal Land Use Law. (N.J.S.A. 40:55D-1, et seq.)
[MC 2002-29 § 17:2-2, December 2, 2002]
The Planning Board shall consist of nine (9) members of the
following four (4) classes:
A. Class I - The Mayor or the Mayor's designee in the absence of the
Mayor. Such appointment shall be made in writing to the Planning Board
Secretary and filed subsequently in the office of the City Clerk.
B. Class II - One (1) of the officials of the City other than a member
of the City Council, to be appointed by the Mayor, with the advice
and consent of the Plainfield City Council.
C. Class III - A member of City Council appointed by the City Council.
D. Class IV - Six (6) other citizens of the City to be appointed by
the Mayor with the advice and consent of the Plainfield City Council.
The members of Class IV shall hold no other municipal office except
that one (1) member may be a member of the Zoning Board of Adjustment,
and one (1) member may be a member of the Board of Education, and
one (1) member may be a member of the Historic Preservation Commission.
E. Alternates - Two (2) alternate members shall be appointed by the
Mayor with the advice and consent of the City Council for Class IV
members and shall meet the qualifications of Class IV members. Alternate
members shall be designated at the time of appointment as "Alternate
No. 1" and "Alternate No. 2." Alternate members may participate in
discussions of the Board 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 is to vote, Alternate No. 1 shall vote.
[MC 2002-29 § 17:2-3, December 2, 2002]
A. The term of the Mayor, composing Class I, shall correspond with his
or her official tenure. The term of any person appointed as the Mayor's
designee to sit in the Mayor's place and stead shall serve at the
pleasure of the Mayor and such designee's term of office shall terminate
automatically at the conclusion of the official tenure of the Mayor
appointing such designee.
B. The terms of the members, composing Class II and Class III, shall
be for one (1) year or terminate at the completion of the respective
terms of office.
C. The term of a Class IV member who is also a member of the Board of
Adjustment or the Board of Education shall terminate whenever such-member is no longer a member of such other body or
at the completion of his or her Class IV term, whichever occurs first.
D. The terms of all Class IV members shall be four (4) years. .
E. The terms of the alternate members shall be for two (2) years, except
that the terms of the alternate members shall be such that the term
of not more than one (1) alternate member shall expire in any one
(1) year.
F. All terms shall run from January 1 of the year in which the appointment
is made.
G. Nothing herein shall affect the term of any member of the Planning
Board at the time of the adoption of this chapter, all of whom shall
continue in office until the completion of the terms for which they
were appointed.
H. If a vacancy in any class shall occur otherwise than by expiration
of term, it shall be filled by appointment for the unexpired term
only.
[MC 2002-29 § 17:2-4, December 2, 2002]
No member of the Planning Board shall be permitted to act on
any matter in which the member has, either directly or indirectly,
any personal or financial interest. Whenever any such member shall
disqualify himself from acting on a particular matter, such member
shall not continue to sit with the Board on the hearing of such matter
and shall not participate in any discussion or decision relating thereto
as a member of the Board. Any member of the Board, other than a Class
I member, after a public hearing if such member requests one, may
be removed by the City Council for cause.
[MC 2002-29 § 17:2-5, December 2, 2002]
If the Planning Board lacks a quorum because any of its regular
or alternate members is prohibited by N.J.S.A. 40:55D-23 or N.J.S.A.
40:55D-23.1 from acting on a matter due to the member's personal or
financial interests therein, regular members of the Board of Adjustment
shall be called upon to serve, for that matter only, as temporary
members of the Planning Board. Zoning Board members shall be called
in order of seniority of continuous service to the Board of Adjustment
until there are the minimum number of members necessary to constitute
a quorum to act upon the matter without any personal or financial
interest therein, whether direct or indirect. If a choice has to be
made between regular members of equal seniority, the Chairman of the
Board of Adjustment shall make the choice.
[MC 2002-29 § 17:2-6, December 2, 2002]
The Planning Board shall elect a Chair and a Vice-Chair from
the members of Class IV, select a Secretary who may be a member of
the Planning Board or a City employee designated by it, and create
and fill such other offices as established by chapter at an annual
reorganization meeting in January of each year.
[MC 2002-29 § 17:2-7, December 2, 2002]
A. There is hereby created the office of Planning Board Attorney. The
Planning Board shall annually appoint and fix the compensation of,
or agree upon the rate of, compensation of the Planning Board Attorney.
Such compensation shall be within the appropriation made by the City
Council. The Board Attorney shall not be the City Attorney.
B. The Planning Board may employ or contract for the services of licensed
planning consultants, a licensed engineer, and other staff and services
as it may deem necessary, not exceeding, exclusive of gifts, grants,
or professional service fees, the amount appropriated by the City
Council for its use.
[MC 2002-29 § 17:2-8, December 2, 2002]
A. The Planning Board shall follow the provisions of this chapter and
the Municipal Land Use Law (N.J.S.A. 40:55D-1, et seq.) and shall
accordingly exercise its powers in regard to:
1. The City master plan pursuant to Article
V;
2. The official map pursuant to Article
VI;
3. The capital improvements program and capital project review pursuant to Article
VII;
4. Variances and certain building permits in conjunction with subdivision and site plan approval pursuant to Article
XI;
5. Subdivision and site plan control and review pursuant to Article
XI;
6. Design standards pursuant to Article
XI;
7. Stormwater management controls pursuant to Article
XII; and,
8. Sign controls pursuant to Section
17:9-51.
B. The Planning Board shall:
1. Participate in the preparation and review of programs or plans required
by State or Federal law or regulations;
2. Assemble data on a continuing basis as part of a continuous planning
process;
3. Perform such other advisory duties as are assigned to it by ordinance
or resolution of City Council for the aid and assistance of the City
Council or other agencies or offices;
C. The Planning Board may adopt bylaws governing its procedural operations.
D. The Planning Board shall perform such other advisory duties as are
assigned to it by ordinance or resolution of the City Council for
the aid and assistance of the City Council or other agencies or offices.
[MC 2002-29 § 17:2-9, December 2, 2002]
The Planning Board, when reviewing applications for development,
including applications for approval of subdivision plats or site plans,
shall have the power to grant or deny, to the same extent and subject
to the same restrictions as the Board of Adjustment the following:
A. Variances, pursuant to N.J.S.A. 40:55D-70(c);
B. Direction, pursuant to N.J.S.A. 40:55D-34 for issuance of a permit
for a building or structure not related to a street, in the bed of
a mapped street or public drainage way, flood control basin or public
area reserved pursuant to N.J.S.A. 40:55D-32.
[MC 2002-29 § 17:2-10, December 2, 2002]
A. Prior to the adoption of a development regulation, or revision or
amendment thereto, the City Council shall refer any amendment to the
Planning Board. The Planning Board shall make and transmit to the
City Council, within thirty-five (35) days after referral, a report
including recommendations concerning the proposed development regulation,
revision or amendment to ensure consistency with the master plan and
other matters the Board deems appropriate.
B. The City Council, when considering the adoption of a development
regulation or revision or amendment thereto, shall review the report
of the Planning Board and may disapprove or change any recommendation
by a vote of a majority of its full authorized membership and shall
record in its minutes the reasons for not following such recommendations.
Failure of the Planning Board to transmit its report within the thirty
five (35) day period provided herein shall relieve the City Council
from the requirements of this section in regard to the proposed development
regulation, revision, or amendment thereto referred to the Planning
Board.