[Ord. #679, S 201]
A Planning Board is hereby established pursuant to the provisions of P.L. 1975, c. 291, Section 14.
[Ord. #679, S 202; Ord. #91-10, S 23]
The Planning Board shall consist of nine regular members and two alternate members. For convenience in designating the manner of appointment, the regular membership shall consist of and be divided into the following four classes.
Class I The Mayor.
Class II One of the officials of the Borough.
Class III A member of the Council to be appointed by it.
Class IV Other citizens of the Borough, to be appointed by the Mayor.
The alternate members shall be in Class IV. The regular and alternate members of Class IV shall hold no other Borough office.
[Ord. #679, S 203]
a.
The term of the member composing Class I shall correspond to his official tenure. The terms of the members composing Class II and Class III shall be for one 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 Class IV member who is also a member of the
Environmental Commission shall be for three years or terminate at the completion of his term of office as a member of the Environmental Commission, whichever occurs first. The term of a Class IV member who is also a member of the Board of Adjustment or 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 under this chapter shall be so determined that to the greatest practicable extent the expiration of such terms shall be distributed evenly over the first four years after their appointment, provided that the initial Class IV term of no member shall exceed four years. Thereafter, the Class IV term of each such member shall be four years. If a vacancy in any class shall occur otherwise than by expiration of the Planning Board term, it shall be filled by appointment, as above provided, for the unexpired term.
The alternate members shall serve for the terms as provided by statute, provided, however, that the initial term of the first alternate member appointed to Class IV shall terminate at 12:00 Noon on January 1, 1980, and the initial term of the second alternate member appointed to Class IV shall terminate at 12:00 Noon on January 1, 1981.
b.
No member of the Planning Board shall be permitted to act on any matter in which he has, either directly or indirectly, any personal or financial interest. Any member other than a Class I member, after a public hearing if he request one, may be removed by the Council for cause.
c.
When any hearing before a Planning Board shall carry over two or more meetings, a member of the Board who was absent for one or more of the meetings, shall be eligible to vote on the matter upon which the hearing was conducted, notwithstanding his absence from one 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.
[Ord. #679, S 204]
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 a member of the Planning Board or a municipal employee. It may employ, or contract for, and fix the compensation of the legal counsel, other than the Borough Attorney, a planning consultant, a civil engineer, and other staff and services as it may deem necessary, not exceeding, exclusive of gifts or grants, the amount appropriated by the Council for its use.
[Ord. #679, S 205]
a.
The Planning Board shall follow the provisions of this chapter and shall accordingly exercise its power in regard to:
b.
The Planning Board may:
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 a part of a continuous planning process; and
3.
Perform such other advisory duties as are assigned to it by ordinance or resolution of the Borough for the aid and assistance of the Council and other agencies or officers.
[Ord. #679, S 206; Ord. #679-I-85-1, S 206]
The Planning Board when reviewing applications for approval of subdivision plats, site plan or conditional uses shall have the power to grant to the same extent and subject to the same restrictions as the Board of Adjustment:
b.
Direction pursuant to Section 22-50 of this chapter for issuance of a permit for a building or structure not related to a street.
c.
Direction pursuant to Section 22-48 of this chapter for issuance of a permit for a building or structure in the bed of a mapped street or public drainage way, flood control basin or public area reserved pursuant to Section 22-47 of this chapter.
Whenever relief is requested pursuant to this subsection, notice of the 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.
The developer may elect to submit a separate application requesting approval of the variance or direction of the issuance of a permit and a subsequent application for any required approval of a subdivision, site plan or conditional use. The separate approval of the variance or direction of the issuance of a permit shall be conditioned upon grant of all required subsequent approvals by the Planning Board. No such subsequent approval shall be granted unless the approval can be granted without substantial detriment to the public good and without substantial impairment of the intent and purpose of the Zone Plan and Article IX Zoning.
[Ord. #679, S207]
a.
Prior to the adoption of a development regulation, revision, or amendment thereto, the Planning Board shall make and transmit to the Council, within 35 days after referral a report including recommendations concerning the proposed development regulation, revision or amendment. The Council, when considering the adoption of a development regulation, 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 all 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 35 day period provided herein shall relieve the Council from the requirements of this subsection in regard to the proposed development regulation, revision or amendment thereto referred to the Planning Board.
b.
Prior to the hearing on adoption of an ordinance providing for Planning Board approval of either subdivisions or site plans or both or any amendment thereto, the Council shall refer any such proposed ordinance or amendment thereto to the Planning Board pursuant to paragraph a above of this chapter.
[Ord. #679, S 208]
a.
The Mayor may appoint one 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 has prepared and submitted to the Planning Board an index of the natural resources of the Borough, the Planning Board shall make available to the Environmental Commission an informational copy of every application for development submitted to the Planning Board. Failure of the Planning Board to make such information copy available to the Environmental Commission shall not invalidate any hearing or proceeding.
