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.
A. 
The term of the member composing Class I 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. 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 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 appointments; 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. (N.J.S.A. 40:55D-23)
B. 
No member of the Planning Board shall be permitted to act on any matter 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 requests one, may be removed by the Governing Body 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.
A. 
The Planning Board shall follow the provisions of this Ordinance and shall accordingly exercise its power in regard to:
1. 
The master plan pursuant to N.J.S.A. 40:55D-28 et seq.
2. 
Subdivision control and site plan review pursuant to N.J.S.A. 40:55D-37 et seq.
3. 
The official map pursuant to N.J.S.A. 40:55D-32 et seq.
4. 
The zoning ordinance (including conditional uses) pursuant to N.J.S.A. 40:55D-62 et seq.
5. 
Variances and certain building permits in conjunction with subdivision, site plan (and conditional use) approval pursuant to N.J.S.A. 40:55D-60 et seq.
B. 
The Planning Board may:
1. 
Participate in the preparation and review of programs or plans required by State or Federal law or regulation;
2. 
Assemble data on a continuing basis as part of a continuous planning process; and
3. 
Perform such other advisory duties as are assigned to it by ordinance or resolution of the Governing Body for the aid and assistance of the Governing Body or other agencies or officers.
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.