[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:
(1) Class I:
The Mayor.
(2) Class II:
One of the officials of the municipality, other than a member of the Borough Council, to be appointed by the Mayor.
(3) Class III:
A member of the Borough Council appointed by it.
(4) Class IV:
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.
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.
A. 
If a vacancy of any class shall occur otherwise than by expiration of term, it shall be filled by appointment as provided above for the unexpired term.
B. 
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.
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.