[Amended 12-2-1991 by Ord. No. 91-7; 10-4-2004 by Ord. No. 2004-5]
A. 
Regular members. There is hereby established in the Township of Elsinboro 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 or the Mayor's designee in the absence of the Mayor.
(2) 
Class II: One of the officials of the Township, other than a member of the Township Committee, to be appointed by the Mayor.
(3) 
Class III: A member of the Township Committee appointed by it.
(4) 
Class IV: Six other citizens of the Township to be appointed by the Mayor. The members of Class IV shall hold no other Township office, position or employment, except that one Class IV member may be a member of the Board of Education. If there be a municipal environmental commission, the member of the environmental commission who is a member of the Planning Board shall be a Class IV Planning Board member. For the purpose of this subsection, membership on a Township board or commission whose function is advisory in nature and the establishment of which is discretionary, not required by statute, shall not be considered to be holding a Township office.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B. 
The term of appointment of any class of member of the Planning Board appointed pursuant to this section shall commence on January 1.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
C. 
Alternate members. The Mayor may appoint four alternate members meeting the qualifications of Class IV members and being Township residents. 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. Alternate members may participate in all matters but may not vote except in the absence or disqualification of a regular member of any class. A vote may 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, the lowest-number alternate shall vote.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
[Amended 12-2-1991 by Ord. No. 91-7; 10-4-2004 by Ord. No. 2004-5; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The term of the member composing Class I shall correspond to the Mayor's official tenure or, if the member is the Mayor's designee in the absence of the Mayor, the designee shall serve at the pleasure of the Mayor during the Mayor's 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, except for a Class II member who is also a member of the Environmental Commission. The term of a Class II or Class IV member who is also a member of the Environmental Commission shall be for three years or terminate at the completion of his term of office as a member of the Environmental Commission, whichever occurs first. The term of a Class IV member who is also a member of the 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 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, 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.
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 Chairperson and Vice Chairperson 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.
[Amended 10-4-2004 by Ord. No. 2004-5]
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. 40:55D-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 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 improvements program projected over a term of six years, and amendments thereto, when requested by the Township Committee.
(6) 
To participate in the preparation and review of programs or plans required by state or federal law or regulations.
(7) 
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.
B. 
The Planning Board shall have the following additional powers previously granted to the Zoning Board of Adjustment:
(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 Part 3, Zoning, of this chapter. 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 Part 3, Zoning, of this chapter 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 Part 3, Zoning, of this chapter would result in peculiar and exceptional practical difficulties to, or exceptional and undue 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 subsection 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 Part 3, Zoning, of this chapter. 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 subsection pursuant to N.J.S.A. 40:55D-70d.
(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.