Township of Lacey, NJ
Ocean County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of Lacey 12-3-1976 (Ch. 30 of the 1974 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Planning Board Attorney and Planning Board Engineer — See Ch. 79, Arts. IX and X.
Land use procedures — See Ch. 215.
Site plan review — See Ch. 285.
Subdivision of land — See Ch. 297.
Zoning — See Ch. 335.
[Amended 7-11-1996 by Ord. No. 96-36]
Pursuant to the provisions of N.J.S.A. 40:55D-23, a Township Planning Board, to consist of nine (9) members, is hereby established.
A. 
The members constituting said Planning Board shall consist of:
(1) 
Class I: the Mayor of the Mayor's designee in the absence of the Mayor.
[Amended 7-11-1996 by Ord. No. 96-36]
(2) 
Class II: one (1) 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 both a member of the Zoning Board of Adjustment and a member of the Board of Education among the Class IV members.
(3) 
Class III: a member of the governing body to be appointed by it.
(4) 
Class IV: six (6) other citizens of the municipality to be appointed by the Mayor. The members of Class IV shall hold no other municipal office, position or employment, 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 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 or alternate 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. For the purposes of this section, membership on a municipal board or Commission whose function is advisory in nature, and the establishment of which is not manditorily required by statute, shall not be considered the holding of municipal office.
[Amended 7-11-1996 by Ord. No. 96-36]
(5) 
Alternates. The Mayor may appoint alternates to the Planning Board. Alternate members shall meet the qualifications of Class IV members. Such alternate members shall not exceed two (2) in number and shall be designated at the time of appointment by the Mayor as "Alternate No. 1" and "Alternate No. 2." The terms of said alternate members shall be for two (2) years, except that the terms of the alternate members shall be such that the term of not more than one (1) alternate member shall expire in any one (1) year; provided, however, that in no instance shall the terms of the alternate members first appointed exceed two (2) years. A vacancy occurring otherwise than by expiration of term shall be filled by the appointing authority for the unexpired term only. 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. Alternate members may participate in discussions and 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.
[Added 9-1-1978; amended 1-28-1988 by Ord. No. 2-88; 7-11-1996 by Ord. No. 96-36]
B. 
Vacancies. If a vacancy of any class or alternate position shall occur otherwise than by expiration of term, it shall be filled by appointment as above provided for the unexpired term.
[Amended 7-11-1996 by Ord. No. 96-36]
[Amended 7-11-1996 by Ord. No. 96-36]
The Planning Board shall elect a Chairman and Vice Chairman from the members of Class IV and create and fill such offices as it shall determine, including but not limited to a Planning Board Coordinator, Secretary, Engineer, and Attorney, and create and fill such other offices as it shall determine. It shall have the power and authority to employ experts and a staff and to pay their services and such other expenses as may be necessary and proper, not exceeding in all, exclusive of gifts, the amount appropriated by the Township Committee of the Township of Lacey for the use of the Planning Board.
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.
[Amended 3-26-1992 by Ord. No. 92-15; 10-8-1992 by Ord. No. 92-76]
Whenever the Environmental Commission has prepared and submitted to the Planning Board an index of the natural resources of the municipality, the Planning Board or the Board of Adjustment shall make available to the Environmental Commission an informational copy of every application for development submitted to either Board. Except in the Pinelands Area of the Township, failure of the Planning Board or Board of Adjustment to make such informational copies available to the Environmental Commission shall not invalidate any hearing or proceeding. Within the Pinelands Area of Lacey Township, all applications for major development, forestry and resource extraction shall be referred to the Environmental Commission for review. The Environmental Commission is hereby authorized to review and comment upon said applications to the Planning Board, Board of Adjustment and/or other township approval agency in accordance with Chapter 335 of the Code of Lacey Township.
The Planning Board is authorized to adopt bylaws governing its procedural operation. It shall, in addition to those powers specifically set forth in N.J.S.A. 40:55D-1 et seq., 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 township, including any areas outside its boundaries, which in the Board's judgment bear essential relation to the planning of the township, in accordance with the provisions of N.J.S.A. 40:55D-28.
B. 
To administer the provisions of Chapter 297, Subdivision of Land, and Chapter 285, Site Plan Review, and the issuance of conditional uses 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.[1]
[1]
Editor's Note: Original § 30-6E, regarding a program of municipal capital improvement projects, which immediately followed this subsection, was deleted at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
E. 
To consider and make a report to the governing body within thirty-five (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 Township Committee, pursuant to the provisions of N.J.S.A. 40:55D-26b.
F. 
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: variances pursuant to 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 (1) lot; direction pursuant to 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, N.J.S.A. 40:55D-32; and 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 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. 
To exercise all the powers and perform all the duties set forth in N.J.A.C. 7:50-6.153(a), including recommendations to the Township Committee for designation of historic resources, in accordance with N.J.S.A. 40:55D-1 et seq., which are determined to be significant pursuant to § 335-33E(2).
[Added 2-14-1991 by Ord. No. 5-91]
The Board shall adopt such rules and regulations as may be necessary to carry into effect the provisions and purposes of this chapter.
All actions of the Planning Board shall be taken in accordance with the voting requirements as established in N.J.S.A. 40:55D-9(a). When any hearing before the Planning Board shall carry over two (2) or more meetings, a member of the Board who was absent for one (1) or more of the meetings shall be eligible to vote on the matter upon which the hearing was conducted, notwithstanding his absence from one (1) or more of the meetings; provided, however, that such Board member has available to him a transcript or recording of the meeting from which he was absent and certifies in writing to the Board that he has read such transcript or listened to such recording.[1]
[1]
Editor's Note: Original § 30-9, Referrals from Zoning Board of Adjustment, which immediately followed this section, was deleted at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
[Added 7-11-1996 by Ord. No. 96-36]
If the Planning Board lacks a quorum because any of its members has a personal or financial interest in a matter and is therefore prohibited from acting on that matter, then regular members of the Zoning Board of Adjustment shall be called upon to serve. Such Zoning Board of Adjustment members shall serve for that matter only as temporary members of the Planning Board. The Board of Adjustment members shall serve in order of seniority until there are the minimum number to constitute a quorum. If a choice must be made as to which Board of Adjustment member should serve where there is equal seniority, the Zoning Board of Adjustment Chairman shall make that decision.