A Planning Board established pursuant to N.J.S.A. 40:55D-23
is hereby continued to consist of nine (9) members and two (2) alternates
established pursuant to N.J.S.A. 40:55D-23.
The Planning Board of the City of Ocean City shall consist of
nine (9) members and two (2) alternates, as follows:
b. Class II. One of the officials of the City of Ocean City other than
a member of the governing body, and an alternate designated as Class
II Alternate, both to be appointed by the Mayor; provided that the
member of the Environmental Commission, if there be such Commission,
who is also a member of the Planning Board as required by N.J.S.A.
40:56A-1 shall be deemed to be the Class II Planning Board member
if there is both a member of the Zoning Board of Adjustment and a
member of the Board of Education among the Class IV members.
c. Class III. A member of the City Council to be appointed by the Council.
d. Class IV. Six (6) other residents of the City of Ocean City to be
appointed as regular members by the Mayor and two (2) other residents
of the City of Ocean City to be appointed as alternates by the Mayor.
Such alternate members shall be designated by the Chairman of the
Planning Board as "Alternate #1" and "Alternate #2" and shall serve
in rotation during the absence or disqualification of any regular
member or members of Class IV. The members of Class IV shall hold
no other municipal office except that one (1) member may be a member
of the Zoning Board of Adjustment and one (1) may be a member of the
Board of Education. A member of the Environmental Commission, if there
be such Commission, who is also a member of the Planning Board as
required by N.J.S.A. 40:56A-1 shall be a Class IV Planning Board member
unless there be among the Class IV members of the Planning Board both
a member of the Zoning Board of Adjustment and a member of the Board
of Education, in which case the member of the Environmental Commission
shall be deemed to be the Class II member of the Planning Board.
The Planning Board shall elect a Chairman from the members of
Class IV, select a Secretary, who may or may not be a member of the
Board or a municipal employee, and create and fill such other offices
as are established by ordinance. It may employ, or contract for, and
fix the compensation of legal counsel, other than the municipal attorney,
and experts, and other staff and services as it may deem necessary,
not exceeding, exclusive of gifts or grants, the amount appropriated
by the City Council for its use.
The Planning Board is authorized to adopt bylaws governing its
procedural operation. It shall also have the following powers and
duties:
a. The Planning Board may, from time to time, prepare and, after public
hearing, adopt or amend a Master Plan, or component parts thereof,
to guide the use of lands within the municipality in a manner which
protects public health and safety and promotes the general welfare,
in accordance with the provisions of N.J.S.A. 40:55D-28.
b. The Planning Board shall administer the provisions of all development
regulations of the municipality in accordance with the provisions
of said regulations, inclusive of, but not limited to, any Subdivision
Ordinance or Ordinances, any Site Plan Review Ordinance or Ordinances,
and any Zoning Ordinance or Ordinances of the municipality.
c. The Planning Board shall exercise such powers and duties authorized
it by N.J.S.A. 40:55D-32 through N.J.S.A. 40:55D-36, inclusive, with
respect to the official map.
d. The Planning Board shall exercise such powers and duties authorized
it by N.J.S.A. 40:55D-62 through N.J.S.A. 40:55D-68, inclusive, with
respect to adoption and amendment of Zoning Ordinances and other provisions
therein.
e. The Planning Board shall, as it may be authorized by the governing
body from time to time, prepare a program of municipal capital improvement
projects projected over a term of at least six (6) years, and amendments
thereto, and recommend same to the governing body and shall make such
other reviews and recommendations authorized by the governing body
in accordance with the provisions of N.J.S.A. 40:55D-29 through N.J.S.A.
40:55D-31, inclusive.
f. 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 Zoning
Board of Adjustment.
1. Variances pursuant to N.J.S.A. 40:55D-70(c) from lot area, lot dimensional,
setback and yard requirements;
2. Direction pursuant to N.J.S.A. 40:55D-23 for issuance of a permit
for a building or structure 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. Direction pursuant to N.J.S.A. 40:55D-36 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.
g. The Planning Board may participate in the preparation and review
of programs or plans required by State or Federal law or regulation.
h. The Planning Board may assemble data on a continuing basis as part
of a continuous planning process.
i. The Planning Board shall 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.
j. The Planning Board shall make and transmit to the governing body
within thirty-five (35) days after referral a report, including recommendations
concerning a proposed development regulation, revision or amendment,
pursuant to N.J.S.A. 40:55D-26(a), and shall make recommendations
on such other matters referred to it by the governing body, pursuant
to N.J.S.A. 40:55D-26(b).
k. The Planning Board shall have the further powers and duties conferred
by, and administer all development regulations of, the municipality,
in accordance with the provisions of the Municipal Land Use Law (N.J.S.A.
40:55D-1, et seq.), including, but not limited to, its power to grant
such exceptions from the requirements for site plan review and subdivision
approval as authorized by N.J.S.A. 40:55D-51.
The Mayor may appoint one (1) or more persons as a Citizens'
Advisory Committee to assist or collaborate with the Planning Board
in its duties, but such person or persons shall have no power to vote
or take other action required of the Board. Such person or persons
shall serve at the pleasure of the Mayor.
Whenever the Environmental Commission, should one be created,
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.
[Ord. #94-16, Appx. A]
Upon the finding of an application to be completed by the Planning
Board, the Board shall take final action on the type of application
listed within the following time periods:
|
Within
|
Paragraph
|
---|
Minor Subdivision
|
45 days
|
25-700.6.2a
|
Major Subdivision 4-10 lots (Prelim.)
|
45 days
|
25-700.6.3a
|
Major Subdivision 10 + lots (Prelim.)
|
95 days
|
25-700.6.3c
|
Major Subdivision (Final)
|
45 days
|
25-700.6.4b
|
Site Plan (Prelim.) 10 Acres or less
|
|
|
Site Plan (Final) 10 Acres or more
|
95 days
|
25-700.6.3c
|
Site Plan Final (All)
|
45 days
|
25-700.6.4b
|
Any application for Conditional Use Pursuant to N.J.S.A. 40:55D-60
|
95 days
|
25-700.6.6a
|
Whenever an application for approval of a subdivision plat,
site plan or conditional use includes a request for relief, pursuant
to N.J.S.A. 40:55D-60, the Planning Board shall grant or deny approval
of the application within one hundred twenty (120) days after submission
by filing by the applicant of a complete application with the Planning
Board Administrative Officer or within such further time as may be
concurred 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 Planning Board Administrative Officer as
to the failure of the Planning Board to act shall be issued on request
of the applicant.
The Chairman of the Planning Board shall appoint a Site Plan
Review Committee composed of five (5) persons who shall be members,
qualified employees of or advisors to the Planning Board. The Site
Plan Review Committee shall review all site plan applications and
make recommendations thereon to the Planning Board.