There is hereby established pursuant to P.L. 1975, c. 291 in
the City of South Amboy a Planning Board of nine members consisting
of the following four classes:
A. Class I: the Mayor, or the Mayor's designee.
B. Class II: one of the officials of the municipality, other than a
member of the governing body, to be appointed by the Mayor; provided
that if there is an Environmental Commission, the member of the Environmental
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 a member of the Board of Education among the Class
IV members.
C. Class III: a member of the governing body, to be appointed by it.
D. Class IV: six other citizens of the municipality, to be appointed
by the Mayor. The members of Class IV shall hold no other municipal
office, except that one may be a member of the Board of Education.
A member of the Environmental 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 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.
Editor's Note: Pursuant to N.J.S.A. 40:55D-23.3, members and
alternate members shall complete a basic course in land use law.
[Added 11-8-78 by Ord. No. 1015; Amended 6-16-2010 by Ord. No.
12-2010]
A. There shall be four alternate members of the Planning Board appointed
by the appointing authority and meeting the qualifications of Class
IV members of nine-member planning boards. The alternate members shall
be designated at the time of appointment as "Alternate No. 1," "Alternate
No. 2," "Alternate No. 3" and "Alternate No. 4." 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.
[Amended 6-16-2010 by Ord. No. 12-2010]
B. 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.
C. The 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 first, followed by Alternate No. 2, then followed
by Alternate No. 3, and then followed by Alternate No. 4.
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 municipal employee designated
by it.
There is hereby created the office of Planning Board Attorney.
The Planning Board shall annually appoint, fix the compensation of
and agree upon the rate of compensation of the Planning Board Attorney
for other than regularly anticipated legal matters, who shall be an
attorney other than the Municipal Attorney.
The Planning Board shall also employ or contract for the services
of a Planning Consultant and his staff and other services as it may
deem necessary. The Board shall not, however, exceed, exclusive of
gifts or grants, the amount appropriated by the governing body for
it use.
[Added 6-16-2010 by Ord.
No. 12-2010]
The Planning Board is authorized to adopt bylaws governing its
procedural operation. It shall also have the following powers and
duties:
A. 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.
B. To administer the provisions of the Land Subdivision Ordinance and
Site Plan Review Ordinance of the municipality in accordance with
the provisions of said ordinances and the Municipal Land Use Law of
1975, N.J.S.A. 40:55D-1 et seq.
C. To participate in the preparation and review of programs or plans
required by state or federal law or regulations.
D. To assemble data on a continuing basis as part of a continuous planning
process.
E. To annually prepare a program of municipal capital improvement projects
projected over a term of six years, and amendments thereto, and recommend
same to the governing body.
F. To consider and make report 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
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.
G. 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) Variances, pursuant to Subsection 57c of Chapter 291 of the Laws
of 1975, N.J.S.A. 40:55D-70c, from lot area, lot dimensional setback
and yard requirements, provided that such relief from lot area requirements
shall not be granted for more than one lot.
(2) Direction, pursuant to Section 25 of said Act, N.J.S.A. 40:55D-34,
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 Section 23 of said Act, N.J.S.A .40:55D-32.
(3) Direction, pursuant to Section 27 of said Act, 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 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.
H. 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
the governing body or other agencies or officers.
I. To exercise, to the same extent and subject to the same restrictions,
all powers of a Board of Adjustment; but the Class I and the Class
III Members shall not participate in the consideration of applications
for development which involve relief pursuant to subsection d of Section
57 of P.L. 1975, c. 291, N.J.S.A. 40:55D-70.
[Amended 4-3-85 by Ord. No. 1125]
Applications for development within the jurisdiction of the Planning Board pursuant to the provisions of P.L. 1975, c. 291, N.J.S.A. 40:55D-1, shall be filed with the Secretary of the Planning Board. Applicant shall file 20 copies of a sketch plat; 20 copies of an application for minor subdivision approval; 20 copies of drawings and an application for major subdivision approval; or 20 copies of an application for site plan review or conditional use approval. At the time of filing the application, 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 Board shall inform the applicant of the steps to be taken to initiate applications and of the regular meeting dates of the Board. See Article
IX and Article
X, Section
53-54, for fees and document requirements.
The Mayor may appoint one 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 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.
The Board shall adopt such rules and regulations as may be necessary
to carry into effect the provisions and purposes of this chapter.
In the issuance of subpoenas, administration of oaths and taking of
testimony, the provisions of the County and Municipal Investigations
Law of 1953 (N.J.S.A. 2A:67A-1 et seq.) shall apply.