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.
A. 
Vacancies. A vacancy in any membership position, including alternate members, occurring otherwise than by expiration of term shall be filled for the unexpired term only. Appointment of members to fill vacant positions shall be as above provided.
B. 
Removal of members. Any member or alternate member, other than the Class I member of the Planning Board, after a public hearing if requested by the member, may be removed by the Borough Council for cause. Such hearing shall be conducted pursuant to the dictates of due process. The accused member shall receive at least thirty (30) days written notice of the hearing, which notice shall include the specific charges made. The accused member shall have the right to counsel. In the event that any member(s) of the Council have brought the charges, said Council member(s) shall not participate in the removal hearing or action.
C. 
Officers. Each board shall elect a Chairperson and Vice-Chairperson from their members, provided that in the case of the Planning Board, only Class IV members may hold such positions, and further provided that no alternate member shall serve as Chairman or Vice-Chairman of either the Planning Board or Zoning Board of Adjustment. Each board shall select a Secretary, who may or may not be a regular or alternate member of the Board or a municipal employee.
D. 
Attorney, other experts and staff. There is hereby created the positions of Attorney for the Planning Board and Attorney for the Zoning Board of Adjustment. Each Board may employ, or contract for, and fix the compensation of legal counsel to fill such positions, who shall not be the Borough Attorney. Each board may also employ, or contract for, and fix the compensation of a licensed professional planning consultant or such other additional experts, staff and services as it may deem necessary, not exceeding, exclusive of gifts or grants, the amount appropriated by the Borough Council for the Board's use.
E. 
Funding of expenses. The Borough Council shall make provision in its budget and appropriate funds for the expenses of the Planning Board and the Zoning Board of Adjustment.
F. 
Rules and regulations. The Planning Board and Zoning Board of Adjustment shall adopt, and may amend reasonable rules and regulations, not inconsistent with this chapter, the Municipal Land Use Law or with any applicable ordinance, for the administration of their functions, powers and duties. A copy of the rules shall be maintained in the office of the Borough Clerk, and shall be furnished to any person upon request. A reasonable fee may be charged for provision of a copy of the rules.
G. 
Meetings. The following provisions shall apply to the meetings of the Planning Board and Zoning Board of Adjustment:
(1) 
Schedule of meetings; special meetings. Each Board shall by its rules fix the time and place for holding its regular meetings. Regular meetings of each board shall be scheduled not less than once a month and shall be held as scheduled unless canceled for lack of applications for development to process. The schedule of meetings shall be filed with the Borough Clerk, posted upon the Borough bulletin board, and sent to two newspapers with circulation in the Borough, one of which shall be the official newspaper of the Borough.
(2) 
Each Board may provide for special meetings at the call of the Chairman or on the request of any two (2) of its members.
(3) 
Meetings open to public; executive sessions. All regular meetings and special meetings shall be open to the public except to the extent that the public may be excluded from any such meeting or portion thereof in accordance with requirements of the Open Public Meetings Act (P.L. 1975, c.231, N.J.S. 10:4-6 et seq.). Meetings shall be held on notice to the Board members and the public in accordance with this chapter and the Open Public Meetings Act. An executive session for the purpose of discussing and studying any matters to come before the agency shall not be deemed a regular or special meeting within the meaning of this chapter.
(4) 
Quorum; conflict of interest; appointment of additional members. No action shall be taken at any meeting without a quorum being present. No regular, alternate or temporary member shall be permitted to act on any matter in which he or she has, either directly or indirectly, any personal or financial interest. In the event the Planning Board or the Zoning Board of Adjustment lacks a quorum due to the disqualification of members due to a conflict of interest, the following procedures shall apply:
[Amended 12-17-01 by Ord. 2118]
(a) 
If the Planning Board lacks a quorum because any of its regular or alternate members is prohibited from acting on a matter due to a conflict of interest, regular members of the Zoning Board of Adjustment shall be called upon to serve, for that matter only, as temporary members of the Planning Board. Regular members of the Zoning Board of Adjustment shall be called in order of seniority of continuous service to the Zoning Board of Adjustment. If a choice has to be made between regular members of equal seniority, the Chairman of the Zoning Board of Adjustment shall make the choice. There shall be called only the minimum number of members of the Zoning Board of Adjustment as are necessary to establish a quorum of the Planning Board to act on the matter.
(b) 
If the Zoning Board of Adjustment lacks a quorum because any of its regular or alternate members is prohibited from acting on a matter due to a conflict of interest, Class IV members of the Planning Board shall be called upon to serve, for that matter only, as temporary members of the Zoning Board of Adjustment. Class IV members of the Planning Board shall be called in order of seniority of continuous service to the Planning Board. If a choice has to be made between Class IV members of equal seniority, the Chairman of the Planning Board shall make the choice. There shall be called only the minimum number of Class IV members of the Planning Board as are necessary to establish a quorum of the Zoning Board of Adjustment to act on the matter.
(5) 
Majority vote required. All actions shall be taken by a majority vote of the members of the Board present at the meeting, except as otherwise provided by this chapter and the Municipal Land Use Law.
(6) 
Participation of alternate members. Alternate members may participate in all matters but may not vote except in the absence or disqualification of regular members. Participation of alternate members shall not be deemed to increase the size of either board as established by this chapter. 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.
(7) 
Minutes. Minutes of every regular or special meeting shall be kept and shall include the names of the persons appearing and addressing the Board and of the persons appearing by attorney, the action taken by the Board, the findings, if any, made by it and reasons therefor. The minutes shall thereafter be available for public inspection during normal business hours at the office of the Board Secretary after their approval by the Board. Any interested party shall have the right to compel production of the minutes for use as evidence in any legal proceedings concerning the subject matter of such minutes. Such interested party may be charged a reasonable fee for reproduction of the minutes for his or her use.
[Amended 12-17-01 by Ord. 2118]
H. 
Exclusive authority of boards. Any power expressly authorized by this chapter or the Municipal Land Use Law to the Planning Board or the Zoning Board of Adjustment shall not be exercised by any other body, except as otherwise provided in the Land Use Law.