The Planning Board heretofore established is hereby continued
pursuant to the provisions of P.L. 1975, c.291.
[Ord. 5/15/78, Ord. 1/17/83, Ord. No.
88-28]
A. The Planning Board shall consist of nine members. For convenience
in designating the manner of appointment, the membership shall consist
of and be divided into the following 4 classes:
CLASS I - The mayor
CLASS II - One of the officials of the City, other than a member
of the Governing Body to be appointed by the Mayor.
CLASS III - A member of the Governing Body to be appointed by
it.
CLASS IV - Six other citizens of the City of Lambertville 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
and one Class IV 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 section 1 of P.L.1968, c.245 (N.J.S.A.
40:56A-1), shall be a Class IV Planning Board member, unless there
be among the Class IV or alternate members of the Planning Board both
a member of the Zoning Board of Adjustment or Historic Preservation
Commission and a member of the Board of Education, in which case the
member common to the Planning Board and municipal Environmental Commission
shall be deemed a Class II member of the Planning Board. For the purpose
of this section, 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. (N.J.S.A. 40:55D-23)
B. The Mayor may appoint to the Planning Board 2 alternate members who
shall meet the qualifications of Class IV members. Alternate members
shall be designated at the time of appointment by the Mayor as "Alternate
No. 1" and "Alternate No. 2".
The terms of the alternate members shall be for two years, except
that the terms of the alternate members shall be such that the term
of not more than one alternate member shall expire in any one year;
provided, however, that in no instance shall the terms of the alternate
members first appointed exceed two years. A vacancy occurring otherwise
than by expiration of term shall be filled by the appointing authority
for the unexpired term only.
No alternate member shall be permitted to act on any matter
in which he has either directly or indirectly any personal or financial
interest. An alternate member, may after public hearing, if he requests
one, be removed by the Governing Body for cause.
Alternate members may participate in discussions of the proceedings
but may not vote, except in the absence or disqualification of the
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 Planning Board when reviewing applications for approval
of subdivision plats, site plans or conditional uses shall have the
power to grant to the same extent and subject to the same restrictions
as the Board of Adjustment.
A. Variances pursuant to N.J.S.A. 40:55D-70 from lot area, lot dimensional,
setback and yard requirements; provided that relief pursuant to this
subsection from lot area requirements shall not be granted for more
than one lot;
B. Direction pursuant to § 502 of this Ordinance for issuance
for 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 § 501 of this Ordinance;
C. Direction pursuant to § 504 for issuance of a permit for
a building or structure not related to a street.
Whenever relief is requested pursuant to this section, 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.
Prior to the adoption of a development regulation, revision,
or amendment thereto, the Planning Board shall make and transmit to
the Governing Body, within 35 days after referral, a report including
recommendations concerning the proposed development regulation, revision
or amendment. The Governing Body, 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 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-day period provided herein shall relieve the
Governing Body from the requirements of this section in regard to
the proposed development regulation, revision or amendment thereto
referred to the Planning Board.