There is hereby established in the Borough of Somerville a Planning
Board of nine members and two (2) alternates, pursuant to the Municipal
Land Use Law.
A. Membership; appointment. The Planning Board shall consist of four
(4) classes of members, plus alternates, as set forth below. All regular
and alternate members of the Planning Board, except for Class II members
set forth below, shall be Borough residents.
(1) Class I: The Mayor of the Borough, or the Mayor's designee in the
absence of the Mayor.
(2) Class II: One of the officials of the Borough other than a member
of the Borough Council, 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 P.L. 1968, c. 245 shall be deemed
to be the Class II Planning Board member in the event that there be
among the Class IV or alternate members of the Board both a member
of the Zoning Board of Adjustment or Historic Preservation Commission,
if one exists, and a member of the Board of Education.
(3) Class III: A member of the Borough Council to be appointed by it.
(4) Class IV: Six (6) citizens of the Borough of Somerville to be appointed
by the Mayor. The members of Class IV shall hold no other municipal
office, position or employment, except that one such member may be
a member of the Zoning Board of Adjustment or Historic Preservation
Commission, if one exists, and one 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 P.L. 1968,
c. 245 shall be a Class IV Planning Board member, unless there be
among the Class IV or alternate members of the Board both a member
of the Zoning Board of Adjustment or Historic Preservation Commission,
if one exists, and a member of the Board of Education, in which case
the member common to the Planning Board and Environmental Commission
shall be deemed a Class II member of the Board. For the purpose of
this qualification, membership on a municipal 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.
(5) There shall be two (2) alternate members of the Planning Board, appointed
by the Mayor. The alternate members shall meet the qualifications
of Class IV members of the Planning Board. Alternate members shall
be designated at the time of appointment by the Mayor as "Alternate
No.1" and "Alternate No. 2."
B. Terms of office. The terms of office for Planning Board members shall
be as follows:
(1) The term of the Class I member 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.
(2) The term of the Class II and Class III members shall be for one (1)
year or terminate at the completion of their respective terms of office,
whichever occurs first.
(3) The term of a Class IV member who is also a member of the Zoning
Board of Adjustment or Board of Education shall terminate when he
or she is no longer a member of such other body or at the completion
of his or her Class IV term, whichever occurs first.
[Amended 12-17-01 by Ord. 2118]
(4) The term of all Class IV members shall be for four (4) years, except
as provided otherwise herein.
(5) The term of alternate members shall be for two (2) years. The terms
of the alternate members shall be such that the term of not more than
one alternate member shall expire in any one (1) year; provided, however,
that in no instance shall the terms of the alternate members first
appointed exceed two (2) years.
(6) All terms shall run from January 1 of the year in which the appointment
is made.
(7) Nothing contained herein shall affect the terms of any present members
of the Planning Board, all of whom shall continue as members until
the completion of the terms for which they were appointed.
C. Planning Board committees. The Planning Board Chairman may appoint
from among the members of the Board a Subdivision and Site Plan Committee
to review, report and make recommendations to the full Board regarding
subdivision and site plan applications pending before the Board. The
Planning Board Chairman may also appoint from among the members of
the Board such other committees as the Chairman may deem advisable
in carrying out the functions of the Planning Board.
D. Powers and duties of the Planning Board. The Planning Board shall
follow the provisions of the Municipal Land Use Law and this chapter,
and accordingly shall have authority to:
(1) Prepare, adopt, and amend a master plan or component part thereof.
(2) Exercise control over and review of subdivisions, site plans and
conditional uses, including certain variances and building permits.
Notwithstanding the above, the Planning Board shall not have the power
to review and approve site plans, subdivisions or conditional uses
when such applications involve a "D" variance.
(3) Perform informal review of concept plans for development as provided
by this chapter.
(4) Make recommendations to the Borough Council concerning adoption or
amendment of development regulations and an Official Map.
(5) Direct the issuance of building permits for buildings or structures
in certain areas shown on an Official Map, when such building permits
also require subdivision, site plan or conditional use approval.
(6) Direct the issuance of building permits for buildings or structures
on a lot not related to a street, when such building permits also
require subdivision, site plan or conditional use approval.
(7) Make recommendations to the Borough Council and/or any housing, parking,
highway, special district or other authority, redevelopment agency,
school board or other similar public agency, State, County or municipal,
concerning the relationship of capital projects to the Master Plan
pursuant to N.J.S.A. 40:55D-31.
(8) Prepare a capital improvements program, if authorized by the Borough
Council.
(9) Participate in the preparation and review of programs or plans required
by State or Federal law or regulation.
(10)
Assemble data on a continuing basis as part of a continuous
planning process.
(11)
Perform such other advisory duties as are assigned to it by
ordinance or resolution of the Borough Council for the aid and assistance
of the Borough Council or other agencies or officers.
There is hereby established in the Borough of Somerville a Zoning
Board of Adjustment of seven (7) members and two (2) alternates, pursuant
to the Municipal Land Use Law.
A. Membership; appointment. Qualifications for and appointment as members
of the Zoning Board of Adjustment shall be as follows:
(1) No member may hold any elective office or position under the Borough.
(2) All regular and alternate members shall be Borough residents.
(3) All members shall be appointed by the Borough Council.
(4) Alternate members shall be designated as "Alternate No. 1" and "Alternate
No. 2" by the Borough Council at the time of appointment.
B. Terms of office. The terms of office for Zoning Board of Adjustment
members shall be as follows:
(1) The term of regular members shall be for four (4) years.
(2) The term of alternate members shall be for two (2) years.
(3) All terms shall run from January 1 of the year in which the appointment
is made.
(4) Nothing contained herein shall affect the terms of any present members
of the Zoning Board of Adjustment, all of whom shall continue as members
until the completion of the terms for which they were appointed.
C. Powers and duties of the Zoning Board of Adjustment. The Zoning Board
of Adjustment shall follow the provisions of the Municipal Land Use
Law and this chapter, and accordingly shall have authority to:
(1) Hear and decide appeals where it is alleged by the appellant that
there is error in any order, requirement, decision or refusal made
by the Zoning Officer based on or made in the enforcement of the zoning
regulations.
(2) Hear and decide requests for interpretation of the Zoning Map or
zoning regulations or for decisions upon other special questions upon
which the Board is authorized to pass by any zoning regulation or
official map regulation, in accordance with this chapter and the Municipal
Land Use Law.
(3) Hear and decide requests for variances. Notwithstanding the above,
the Zoning Board of Adjustment shall not have the power to hear and
decide variances if the application also requires subdivision, site
plan or conditional use approval, unless the application involves
a "D" variance.
(4) Exercise control over and review of subdivisions, site plans and
conditional uses, only when such applications involve a "D" variance.
(5) Direct the issuance of building permits for buildings or structures
in certain areas shown on an Official Map, unless such building permits
also require subdivision, site plan or conditional use approval.
(6) Direct the issuance of building permits for buildings or structures
on a lot not related to a street, unless such building permits also
require subdivision, site plan or conditional use approval.
(7) Prepare at least once a year, a report for the Borough Council and
Planning Board, based upon its review of its decisions on applications
and appeals for variances since any previous report. The report shall
be adopted by resolution of the Zoning Board of Adjustment, and shall
comment on the zoning regulations which were the subject of variance
requests, and shall make recommendations for any amendments to the
zoning regulations that the Board may deem appropriate based upon
prior variance applications.