There is hereby created in the Borough of Dunellen a nine-member
single jurisdiction Planning Board. This single jurisdiction Planning
Board hereby succeeds to all of the powers of the existing Planning
Board and Zoning Board of Adjustment. The existing Planning and Zoning
Boards are hereby abolished.
Any and all existing ordinances regarding the creation of a
Board of Adjustment in the Borough of Dunellen shall be repealed effective
May 1, 1996, including, but not limited to, all ordinances establishing
the Board of Adjustment, its powers, its duties, organization, etc.
Specifically, Borough Ordinance No. 115-17 is hereby repealed in its
entirety.
The single jurisdiction Planning Board shall consist of nine
members appointed pursuant to N.J.S.A. 40:55D-23(a) and shall consist
of the following:
A. Class I.
Mayor or Mayor's designee to act in the absence of the Mayor.
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
be an Environmental Commission, the member of the Environmental Commission
who is also a member of the Planning Board as required by Section
1of P.L. 1968, c. 245 (N.J.S.A. 40:56A-1) shall be considered as a
Class II Planning Board member.
C. Class III.
A member of the governing body to be appointed by it.
D. Class IV.
Other citizens of the municipality.
The Borough of Dunellen Planning Board shall exercise all of
the powers and duties previously granted to the preexisting Board
of Adjustment, including, but not limited to, all of the powers set
forth in N.J.S.A. 40:55D-69 et seq. The Planning Board shall be governed
by and shall have such powers as are conferred upon it by P.L. 1975,
Chapter 291, which shall also include all the powers of a Board of
Adjustment.
Pursuant to N.J.S.A. 40:55D-25(c), the Planning Board of the
Borough of Dunellen shall exercise all of the powers of the Board
of Adjustment. Specifically the Planning Board of the Borough of Dunellen
acting pursuant to N.J.S.A. 40:55D-25(c) shall have the powers set
forth in the statutes of the State of New Jersey and herein. All reference
to "Board of Adjustment" shall be changed to "Planning Board Acting
as a Board of Adjustment."
Any and all applications pending before the Board of Adjustment
shall be transferred to the Planning Board effective May 1, 1996.
Any and all escrow accounts for matters pending before the Board
of Adjustment shall continue to be held by the Borough of Dunellen
and transferred to the jurisdiction of the Planning Board together
with all applications being transferred.