Pursuant to the provisions of N.J.S.A. 40:55D-23,
a Planning Board consisting of nine members is hereby established
and created.
For convenience in designating the manner of
their appointment, the members constituting the Planning Board shall
consist of and be divided into the following four classes:
A. Class I: The Mayor, or the Mayor's designee in the
absence of the Mayor.
[Amended 10-27-2001 by Ord. No. 36-98]
B. Class II: An official of the City other than a member
of the City Council to be appointed by the Mayor; 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 be among the Class IV or alternate
members both a member of the Zoning Board of Adjustment and a member
of the Board of Education.
[Amended 10-27-2001 by Ord. No. 36-98]
C. Class III: A member of the City Council to be appointed
by it.
D. Class IV: Six citizens to be appointed by the Mayor.
E. Alternate class.
(1) Alternate members of the Planning Board, who shall
attend all Planning Board meetings and be utilized by the Chairman
of the Planning Board when the full regular membership of the Board
is not in attendance, shall not exceed two in the Class IV category,
to be appointed by the Mayor. They shall serve for terms of 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. Such alternate member shall be designated by the Mayor at
the time of appointment as "Alternate No. 1" and "Alternate No. 2"
and shall serve during the absence or disqualification of any regular
member or members of Class IV.
(2) 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 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. (See N.J.S.A. 40:55D-23.1.)
If a vacancy of any class shall occur otherwise
than by expiration of term, it shall be filled by appointment in the
manner herein specified.
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. The Planning Board may also employ or contract for
the services of experts and other staff and 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 its use.
[Amended 10-27-1998 by Ord. No. 36-98]
There is hereby created the Office of Planning
Board Attorney. The Planning Board may annually appoint, fix the compensation
of or agree upon the rate of compensation of the Planning Board Attorney,
who shall be an attorney other than the Municipal Attorney and licensed
to practice in New Jersey.
The Planning Board is authorized to adopt bylaws
governing its procedural operation. 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. 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 reexamine its Master Plan and development regulations
at least every six years as provided by the City Council and prepare
a report on the findings of such a reexamination in accordance with
N.J.S.A. 40:55D-89.
C. To administer the provisions of the land subdivision
ordinance of the City, including the granting of final approval of subdivision
plats, in accordance with said ordinance and N.J.S.A. 40:55D-1 et
seq. A Subdivision Committee may be appointed by the Chairman, with
the approval of the Board, and the Board is empowered to waive full
notice and hearing and favorable referral by a majority of the Board
on a subdivision where no new street is shown and where the Committee
finds no cause for review by the entire Board or for unfavorable action
upon the subdivision.
D. To participate in the preparation and review of programs
or plans required by state or federal law or regulations.
E. To assemble data on a continuing basis of a continuous
planning process.
F. To annually prepare a program of municipal capital
improvement projects projected over a term of six years, and amendments
thereto, and recommend the same to the governing body.
G. To consider and make a report(s) 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-26b.
H. Planning Board review in lieu of Board of Adjustment.
(1) 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 Board of Adjustment:
(a)
Variances pursuant to N.J.S.A. 40:55D-70c.
(b)
Direction pursuant to N.J.S.A. 40:55D-1 et seq.
for issuance of a permit for a building or structure in the bed of
a mapped street or public area reserved pursuant to Section 23 of
this act; and
(c)
Direction pursuant to N.J.S.A. 40:55D-1 et seq.
for issuance of a permit for a building or structure not related to
a street.
(2) Whenever relief is requested pursuant to this subsection,
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.
(3) Whenever possible and beneficial to the community,
the Planning Board shall require consolidation of adjoining nonconforming
lots, owned by one person, when development or a variance is requested.
Within 30 days of any approval of consolidation, the Planning Board
shall notify the Tax Assessor's office of such consolidation. The
Tax Assessor is to implement the consolidation on the tax records
within 30 days and send a notice thereof to the Planning Board.
I. Matters for review and recommendation.
(1) To pass on matters referred to it for review and make
recommendation with respect to the location, character and extent
of any project of the City Council or other public body, and the City
Council or other public body shall not act thereon without such recommendation
or until 45 days have elapsed without it, except that such reference
shall not extend the time for action by the referring body.
(2) The Planning Board shall pass upon other matters specifically
referred to it from time to time by the City Council, and final action
on such matters shall not be taken until the Planning Board has submitted
its report or 60 days have elapsed without such report from the date
the matter was referred from the City Council.
[Amended 10-27-1998 by Ord. No. 36-98]
(3) Any recommendation of the Planning Board to the City
Council or any other body may be overridden by a majority of the full
membership. A majority vote of the City Council shall be necessary
to sustain any vote of any other body which has overridden a Planning
Board recommendation.
J. To pass on any amendments or changes of any nature to Chapter
345, Zoning. In addition, the Planning Board at all times shall have the power to suggest amendments to the zoning ordinance or any other ordinance having to do with the physical development of the City.
K. To review and consider applications for scattered site housings pursuant to Ordinance No. 22-98, Code §
345-56.
[Added 2-23-1999 by Ord. No. 8-99]
The Mayor may appoint one or more persons as
a Citizens' Advisory Committee on Planning to assist the Planning
Board, but the Committee shall have no power to vote or take other
action required of the Board. The Committee shall serve at the pleasure
of the Mayor.
Whenever the Environmental Commission shall
prepare and submit 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.