[Amended 4-11-1978 by Ord. No. 78-03-261; 3-21-1988 by Ord. No. 88-07-362]
A.
There is hereby established, pursuant to N.J.S.A. 40:55D-23, in the
Borough of Pine Beach a Planning Board of nine members consisting
of the following classes:
(1)
Class I: the Mayor.
(2)
Class II: one of the officials of the borough, other than a member
of the Borough Council, to be appointed by the Mayor.
(3)
Class III: a member of the Borough Council, to be 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,
position or employment, except that one such member may be a member
of the Zoning Board of Adjustment (The Zoning Board of Adjustment
was dissolved 2-9-1988 by Ord. No. 88-01-356. See § 108-181.)
and one Class IV member may be a member of the Board of Education.
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.
B.
Alternate members. The Mayor may appoint not more than two alternate
members who shall meet the qualifications of Class IV members. Any
such alternate members shall be designated at the time of appointment
by the Mayor as "Alternate No. 1" and "Alternate No. 2." Alternate
members may participate in discussions of the proceedings but may
not vote except in the absence or disqualification of a 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.
[Amended 3-21-1988 by Ord. No. 88-07-362]
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. 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 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. 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 requests one, may be removed
by the governing body for cause. 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.
If a vacancy of any class shall occur otherwise than by expiration
of term, it shall be filled by appointment as above provided for the
unexpired term.
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 borough employee designated by
it.
There is hereby created the office of Planning Board Attorney.
The Planning Board may annually appoint, fix the compensation of or
agree upon the rate of compensation of the Planning Board Attorney,
who shall be an attorney other than the Borough Attorney. The Planning
Board may also employ or contract for the services of experts and
other staff and services as it may deem necessary. The Board shall
not however exceed, exclusive of gifts or grants, the amount appropriated
by the Borough Council for its use.
The Planning Board is authorized to adopt bylaws governing its
procedural operation. It shall exercise the following powers and duties:
A.
To make and adopt or amend a Master Plan for the use of lands and
the development of the borough in accordance with the provisions of
N.J.S.A. 40:55D-28.
B.
To administer the provisions of the Land Subdivision Ordinance (See Ch. 175, Zoning and Subdivision) and Site Plan Review Ordinance of the borough in accordance with the provisions of said ordinances and the Municipal Land Use Law of 1975, generally; and in particular, Article 6 thereof, N.J.S.A. 40:55D-37 et seq.
C.
To grant conditional uses in accordance with the provisions of Chapter 175, Zoning and Subdivision, of the borough and the Municipal Land Use Law of 1975. (See N.J.S.A. 40:55D-1 et seq.)
D.
To consider and make a report to the Borough Council 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
pass upon other matters specifically referred to the Planning Board
by the Borough Council, pursuant to the provisions of N.J.S.A. 40:55D-26b.
E.
To conduct, at least every six years, a general reexamination of
the Borough Master Plan and development regulations and prepare a
report of its findings in compliance with N.J.S.A. 40:55D-89.
F.
Variance.
(1)
Whenever the proposed development requires approval of a subdivision, site plan or conditional use, but not a variance pursuant to N.J.S.A. 40:55D-70, to grant, to the same extent and subject to the same restrictions as the Zoning Board of Adjustment. (The Zoning Board of Adjustment was dissolved 2-9-1988 by Ord. No. 89-01-356. See Subsection I of this section.)[1]
(2)
Whenever relief is requested pursuant to this subsection, notice
of a 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.
G.
Whenever the Environmental Commission has prepared and submitted
to the Planning Board an index of the natural resources of the municipality,
the Planning Board shall make available to the Environmental Commission
an informational copy of every application for development to the
Planning Board. Failure of the Planning Board to make such informational
copy available to the Environmental Commission shall not invalidate
any hearing or proceeding.
H.
To exercise such other powers and perform such duties, if and when
this Planning Board might become authorized, directed or obligated
to undertake, as are set forth in N.J.S.A. 40:55D-25.
I.
To have and exercise all powers accorded to a Zoning Board of Adjustment pursuant to the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.) and any and all amendments and supplements thereto, including but not limited to, in appropriate cases and subject to its powers and discretions as provided by law, the power to grant variances from the terms of the zoning ordinances of the Borough of Pine Beach or any term, clause, sentence or word thereof and the Zoning Map, (See § 175-55 of Ch. 175, Zoning and Subdivision.) in accordance with the general rules of construction applicable to such legislative enactments. (This Ordinance also dissolved the Zoning Board of Adjustment pursuant to N.J.S.A. 40-55-25c.)
[Added 2-9-1988 by Ord.
No. 88-01-356]
A.
Minor subdivisions. Minor subdivision approvals shall be granted
or denied within 45 days of the date of submission of a complete application
to the Planning Board or within such further time as may be consented
to by the applicant. Approval of a minor subdivision shall expire
190 days from the date of Planning Board approval unless within such
period a plat in conformity with such approval and the provisions
of the Map Filing Law (See N.J.S.A. 46:23-9.9 et seq.) or a deed clearly
describing the approved minor subdivision is filed by the developer
with the County Recording Officer, the Borough Engineer and the Borough
Tax Assessor. Any such plat or deed must be signed by the Chairman
and Secretary of the Planning Board before it will be accepted for
filing by the County Recording Officer.
B.
Preliminary approval: major subdivision. Upon submission of a complete
application for a subdivision of 10 or fewer lots, the Planning Board
shall grant or deny preliminary approval within 45 days of the date
of such submission or within such further time as may be consented
to by the developer. Upon submission of a complete application for
a subdivision of more than 10 lots, the Planning Board shall grant
or deny preliminary approval within 95 days of the date of such submission
or within such time as may be consented to by the developer. Otherwise,
the Planning Board shall be deemed to have granted preliminary approval
for the subdivision.
C.
Ancillary powers. Whenever the Planning Board is called upon to exercise its ancillary powers before the granting of a variance as set forth in Article III, § 108-18F, of this chapter, the Planning Board shall grant or deny approval of the application within 120 days after submission by the developer of a complete application or within such further time as may be consented to by the applicant. Failure of the Planning Board to act within the period prescribed shall constitute approval of the application, and a certificate of the administrative officer as to the failure of the Planning Board to act shall be issued upon request of the applicant.[1]
D.
Final approval.
(1)
Application for final subdivision approval shall be granted or denied
within 45 days of submission of a complete application or within such
further time as may be consented to by the applicant.
(2)
Final approval of a major subdivision shall expire 95 days from the
date of signing of the plat unless within such period the plat shall
have been duly filed by the developer with the County Recording Officer.
The Planning Board may, for good cause shown, extend the period for
recording for an additional period not to exceed 190 days from the
date of the signing of the plat.
[Amended 2-13-2002 by Ord. No. 02-04-562]
Applications for development within the jurisdiction of the
Planning Board, pursuant to the provisions of P.L. 1975, c. 291, (See
N.J.S.A. 40:55D-1 et seq.) shall be filed with the Secretary of the
Planning Board. The applicant shall file, at least 28 days before
the date of the monthly meeting of the Board, 10 copies of a sketch
plat; three copies of an application for minor subdivision approval;
three copies of an application for major subdivision approval; or
three copies of an application for site plan review, conditional use
approval or planned development and a copy of each to the Planning
Board Attorney and Planning Board Engineer. At the time of filing
the application, but in no event less than 10 days prior to the date
set for the hearing, the applicant shall also file all plot plans,
maps or other papers required by virtue of any provision of this chapter
or any rule of the Planning Board. The applicant shall obtain all
necessary forms from the Secretary of the Planning Board. The Secretary
of the Planning Board shall inform the applicant of the steps to be
taken to initiate applications and of regular meeting dates of the
Board. (Former Art. IV, Zoning Board of Adjustment, which immediately
followed this section, was removed following the dissolution of the
Zoning Board of Adjustment 2-9-1988 by Ord. No. 88-01-356. See § 108-181.)
