[1]
Editor's Note: Pursuant to Ordinance No. 551, the Zoning Board
of Adjustment for the Borough of Woodstown was eliminated and its
functions combined with that of the Planning Board.
[Amended 12-12-00 by Ord. No. 551]
A.
Regular members. There is hereby established in the Borough of Woodstown
a Planning Board of nine members consisting of the following four
classes pursuant to N.J.S.A. 40:55D-23:
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(1) Class I:
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The Mayor.
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(2) Class II:
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One of the officials of the municipality, other than a member
of the Borough Council, to be appointed by the Mayor.
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(3) Class III:
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A member of the Borough Council appointed by it.
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(4) Class IV:
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Six other citizens of the borough to be appointed by the Mayor.
The members of Class IV shall hold no other municipal office, except
that one Class IV member may be a member of the Board of Education.
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B.
Alternate Members. The Mayor may appoint four alternate members meeting
the qualifications of Class IV members. These shall be designated
as Alternate Number 1, Alternate Number 2, Alternate Number 3 and
Alternate Number 4. Their terms of office shall be for two years,
and their expiration dates shall be staggered so that two alternates
can be appointed each year. Should a vacancy occur in an alternate
position, then the Mayor may fill that position for the unexpired
term only. Alternates may only serve as provided in N.J.S.A. 40:55D-23.1.
[Amended 12-12-00 by Ord. No. 551]
The term of the Class I member shall correspond with his or
her official tenure. The terms of the Class II and Class III members
shall be for one year or terminate at the completion of their respective
terms of office, whichever occurs first. The term of a Class IV member,
who is also a member of the Board of Education shall terminate whenever
he or she is no longer a member of the Board of Education or at the
completion of his or her Class IV term, whichever occurs first. The
terms of all Class IV members first appointed pursuant to this Article
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, as determined by resolution of
the Woodstown Borough Council; provided, however, that no initial
term of any Class IV member shall exceed four years, and further provided
that nothing herein shall affect the term of any present member of
the Planning Board, all of whom shall continue in office until the
completion of the terms for which they were appointed. Thereafter,
all Class IV members shall be appointed for terms of four years, except
as otherwise herein provided. All terms shall run from January 1 of
the year in which the appointment was made.
The Planning Board shall elect a Chairman and Vice Chairman
from the members of Class IV and select a Secretary who may be either
a member of the Planning Board or a municipal employee designated
by it.
A.
There is hereby created the office of Planning Board Solicitor. The
Planning Board may annually appoint and fix the compensation of the
Planning Board Solicitor, who shall be an attorney other than the
municipal attorney.
B.
The Planning Board may also employ or contract for the services of
experts and staff as it may deem necessary. The Board shall not, however,
exceed, exclusive of gifts or grants, the amount appropriated by the
governing body for its use.
A.
The Planning Board shall have the following powers and duties:
(1)
To make and adopt and, from time to time, amend a Master Plan for
the physical development of the municipality, including any areas
outside its boundaries which, in the Board's judgment, bear essential
relation to the planning of the municipality, in accordance with the
provisions of N.J.S.A. 40:55D-28.
(2)
To administer provisions of all development regulations of the municipality
in accordance with the provisions of said regulations and the Municipal
Land Use Law of 1975, N.J.S.A. 4:55D-1 et seq.
(3)
To consider and make recommendations to the governing body within
35 days after referral as to any proposed development regulation submitted
to it pursuant to the provisions of N.J.S.A. 40:55D-26a, and also
to pass upon other matters specifically referred to the Planning Board
by the governing body, pursuant to the provisions of N.J.S.A. 40:55D-26b.
(4)
To assemble data on a continuing basis as part of a continuous planning
process.
(5)
To annually participate in the preparation and review of a municipal
capital improvement program projected over a term of six years and
amendments thereto when requested by the governing body.
(6)
To participate in the preparation and review of programs or plans
required by state or federal law or regulations.
(7)
Variances and permits.
(a)
When reviewing applications for approval of subdivision plats,
site plans or conditional uses, to grant to the same extent and subject
to the same restrictions as the Zoning Board of Adjustment:[1]
[1]
Variances from lot area, lot dimensional setback and yard requirements
pursuant to N.J.S.A. 40:55D-70c.
[2]
Directives pursuant to N.J.S.A. 40:55D-34 for the issuance of
permits for buildings or structures in the bed of a mapped street
or public drainageway, flood control basin or public area reserved
pursuant to N.J.S.A. 40:55D-32.
[3]
Directives pursuant to N.J.S.A. 40:55D-36 for the issuance of
permits for buildings or structures not related to a street.
[1]
Editor's Note: Pursuant to Ordinance No. 551, the Zoning Board
of Adjustment was eliminated and its functions combined with that
of the Planning Board.
(b)
Whenever relief is requested under this subsection, the hearing
notice on the development application shall include reference to the
type of relief requested.
(8)
To perform such other advisory duties as are assigned to it by ordinance
or resolution of the governing body for the aid and assistance of
governing body or other agencies or officers.
B.
The Planning Board shall have the following additional powers previously
granted to the Zoning Board of Adjustment:
[Amended 12-12-00 by Ord. No. 551]
(1)
To hear and decide appeals where it is alleged by the appellant that
there is error in any order, requirement, decision or refusal made
by an Administrative Official or agency based on or made in the enforcement
of the zoning ordinance. The Board may reverse or affirm, wholly or
partly, or may modify the order, requirement, decision or determination
appealed from and make such other requirement, decision or determination
as ought to be made and, to that end, have all the powers of the Administrative
Officer from whom the appeal was taken.
(2)
To hear and decide requests for interpretation of the zoning map
or ordinance or for decisions on other special questions upon which
the Board is authorized to pass in accordance with N.J.S.A. 40:55D-1,
et seq.
(3)
Where by reason of exceptional narrowness, shallowness or shape of
a specific piece of property or by reason of exceptional topographic
conditions or by reason of other extraordinary and exceptional situation
or condition of such piece of property, the strict application of
any regulations in the zoning ordinance would result in peculiar and
exceptional practical difficulties to, or exceptional and undo hardship
upon, the developer of such property, grant upon an application or
an appeal relating to such property, a variance from such strict application
of such regulation so as to relieve such difficulties or hardship;
provided, however, that no variance shall be granted under this subsection
to allow a structure or use in a district restricted against such
structure or use.
(4)
To grant a variance to allow a structure or use in a district restricted
against such structure or use in particular cases and for special
reasons, but only by the affirmative vote of at least 2/3 of the fully
authorized membership of the Board. No variance or other relief may
be granted under the provisions of this section unless such variance
or other relief can be granted without substantial detriment to the
public good and will not substantially impair the intent and purpose
of the zone plan and zoning ordinance. The Class I and Class III members
of the Planning Board shall not participate in or vote upon any application
for a use variance brought under this paragraph pursuant to N.J.S.A.
40:55D-70(d).
(5)
To direct the issuance of a permit pursuant to N.J.S.A. 40:55D-34
for a building or structure in the bed of a mapped street or public
drainageway or flood control basin or public area reserved on the
official map but only by the affirmative vote of a majority of the
full authorized membership of the Board.
(6)
To direct issuance of a permit for a building or structure on a lot
not abutting a street as required by N.J.S.A. 40:55D-35 where the
enforcement of this requirement would entail practical difficulty
or unnecessary hardship or where the circumstances do not require
the building or structure to be related to a street pursuant to N.J.S.A.
40:55D-36.
C.
The Planning Board shall adopt such rules and regulations as may
be necessary to carry into effect the provisions and purposes of this
chapter.
