There is hereby established, pursuant to the Municipal Land
Use Law, in the Township of Barnegat, a Planning Board of nine (9)
members consisting of the following four (4) classes:
A.
Class I: the Mayor
B.
Class II: one of the officials of the municipality, other than a
member of the Municipal Committee, to be appointed by the Mayor, provided
that 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 are both a member
of the Board of Adjustment and a member of the Board of Education
among the Class IV members, or alternate members of the Board.
C.
Class III: a member of the Municipal Committee, to be appointed by
it, or alternate member.
D.
Class IV: six (6) other citizens of the municipality, to be appointed
by the Mayor. The members of Class IV shall hold no other municipal
office, except that one (1) such member may be a member of the Board
of Adjustment and one (1) such member may be a member of the Board
of Education. 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 a Class IV Planning Board member, unless there are among the Class
IV members or alternate of the Planning Board both a member of the
Board of Adjustment and a member of the Board of Education, in which
case the member common to the Planning Board and the Environmental
Commission shall be deemed to be the Class II member of the Planning
Board.
The Mayor may appoint two (2) alternates to the Planning Board
for terms of two (2) years; provided, however, that the initial term
of such members shall be one (1) and two (2) years, respectively.
Such alternate members shall be designated by the Planning Board Chairman
as "Alternate No. 1" and "Alternate No. 2". A vacancy occurring otherwise
than by expiration of term shall be filled by the Mayor 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
is to vote, Alternate No. 1 shall vote.
The term of the member composing Class I shall correspond with
his official tenure. The terms of the members composing Class II and
Class III shall be for one (1) year or terminate at the completion
of their respective terms 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 a Class IV member who is also a member of
the Environmental Commission shall be fore three (3) years or terminate
at the completion of his term of office as a member of the Environmental
Commission, whichever shall be the first to occur. 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 he is no longer a member of
such other body or at the completion of his Class IV term, whichever
occurs first. The terms of all Class IV members first appointed pursuant
to this section shall be so determined that to the greatest practicable
extent the expiration of such terms shall be evenly distributed over
the first four (4) years after their appointment; provided, however,
that no term of any member shall exceed four (4) years, and further
provided that nothing herein shall affect the terms of any present
members of the Planning Board, all of whom shall continue in office
until the completion of the terms for which they were appointed. Thereafter,
all Class IV members shall be appointed for terms of four (4) 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 provided above for the
unexpired term.
The Planning Board shall elect a Chairman and Vice Chairman
from the members of Class IV and select a Secretary, who may or may
not be either a member of the Planning Board or a municipal employee
designated by it.
There may be an office of Attorney to the Planning Board. The
Attorney to the Planning Board shall be an attorney other than the
Municipal Attorney and shall be appointed by the Planning Board for
a term of one (1) year commencing January 1. Appointment to such office
made after January 1 of any year shall be limited to the calendar
year, and such terms shall terminate on December 31 of the year of
the appointment. The Board shall not authorize expenditures for the
services of an attorney which exceed, exclusive of gifts or grants,
the amount appropriated by the governing body for his services.
The Planning Board may also employ or contract for and fix the
compensation of experts and other staff and services as it may deem
necessary. The Board shall not authorize expenditures which exceed,
exclusive of gifts or grants, the amount appropriated by the governing
body for its use.
The Planning Board is authorized to adopt bylaws governing its
procedural operation. It shall also have the following powers and
duties:
A.
To make and adopt and from time to time reexamine and/or amend a
Master Plan for the physical development of the Township in accordance
with the provisions of N.J.S.A. 40:55D-28 and 40:55D-89.
B.
To exercise subdivision control and site plan review in accordance
with the provisions of this chapter and the Municipal Land Use Law
of 1975 (N.J.S.A. 40:55D-1 et seq.).
C.
To participate in the preparation and review of programs or plans
required by State or Federal law or regulations.
D.
To assemble data on a continuing basis as part of a continuous planning
process.
E.
To exercise its power in regard to the Official Map pursuant to the
provisions of Article 5 of the Municipal Land Use Law.
F.
To consider and make report to the governing body within thirty-five
(35) days after referral as to any proposed development regulations
submitted to it pursuant to the provisions of N.J.S.A. 40:55D-26a
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-26b.
G.
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 Board of Adjustment:
(1)
Variances pursuant to subsection 57(c) of the Municipal Land Use
Law, N.J.S.A. 40:55D-1, et seq.
(2)
In accordance with the provisions of N.J.S.A. 40:55D-34, direction
for the issuance of a permit for a building or structure in the bed
of a mapped street or public drainageway, flood control basin or public
area reserved pursuant to N.J.S.A. 40:55D-32.
(3)
In accordance with the provisions of N.J.S.A. 40:55D-36, direction
for the issuance of a permit for a building or structure not related
to a street.
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.
H.
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
said body or other agencies or officers.
I.
To annually prepare a program of municipal capital improvement projects
projected over a term of six (6) years, and amendments thereto, and
recommend same to the governing body in accordance with N.J.S.A. 40:55D-29
et seq.
A.
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 Investigation
Law of 1953 (N.J.S.A. 2A:67A-1 et seq.) shall apply.
B.
When any hearing before the Planning Board shall carry over two (2)
or more meetings, a member of the Board who was absent for one (1)
or more of the meetings shall be eligible to vote on the matter upon
which the hearing was conducted, notwithstanding his absence from
one (1) or more of the meetings; provided, however, that such Board
member has available to him a transcript or recording of the meeting
from which he was absent and certifies in writing to the Board that
he has read such transcript or listened to such recording.
A.
The Mayor may appoint one (1) or more persons as a Citizens' Advisory
Committee to assist or collaborate with the Planning Board in its
duties, but such person or persons shall have no power to vote or
take other action required of the Board. Such person or persons shall
serve at the pleasure of the Mayor.
B.
Whenever the Environmental Commission and/or any other advisory committee,
if created by the Mayor, has prepared and submitted to the Planning
Board or Board of Adjustment, as the case may be, an index of the
natural resources of the municipality, the appropriate Board may at
its discretion make available to the Environmental Commission an informational
copy of any application for development to either Board. However,
the failure of either Board to make such informational copy available
to said Commission shall not invalidate any hearing, proceeding or
action of either Board.
[Amended 6-5-89 by Ord. No. 1989-14]
[Added 3-20-95 by Ord. No. 1995-15 § 5; 8-5-96 by Ord. No. 1996-27 § 5; Ord. No. 1996-28 § 5]
A.
There is hereby established a Site Plan Review Subcommittee (a Site
Plan Review Advisory Board pursuant to N.J.S.A. 40:55D-39f) in the
Township of Barnegat for the purpose of reviewing all site plan applications
and making recommendations to the Planning Board in regard thereto.
B.
The Site Plan Review Subcommittee shall consist of up to three (3)
Planning Board members appointed by the Board Chairperson. The Community
Development Director shall be an ad hoc member of the Subcommittee.
When reviewing minor applications for the issuance of a permit pertaining
to sites in the Barnegat Historic District, the Chairperson of the
Historic Preservation Commission shall also be an ad hoc member of
the Subcommittee and may act in the place of the full Commission pursuant
to N.J.S.A. 40:55D-111.
C.
The Site Plan Review Subcommittee shall review applications for development under § 55-141 of this Code prior to action by the Township to determine whether such applications comply with the requirements relating to site plans imposed by this ordinance. The Subcommittee shall, in its review of the applications, consider input received from any other boards, committees or commissions of the Township that may submit comments upon the applications being reviewed.
D.
Following its analysis of an application, the Site Plan Review Subcommittee shall ascertain whether the application under consideration requires action by the full Planning Board or Board of Adjustment, as applicable, for site plan approval or, based upon the recommendation of the Subcommittee, grant site plan waiver. In the alternative, the Subcommittee can grant exemption from site plan review under the provisions of § 55-141 of the Barnegat Township Code.
