There is hereby established the City of Millville
Planning Board which shall consist of nine regular members and two
alternate members. The regular members shall be appointed as follows
from the following four classes:
A. Class I: the Mayor, whose term on the Planning Board
shall correspond to his official tenure in office.
B. Class II: one of the officials of the City other than
a member of the governing body to be appointed by the Mayor subject
to the limitations contained in N.J.S.A. 40:55D-23. The term of the
member composing Class II shall be for one year or terminate at the
completion of his or her respective term of office, whichever occurs
first.
C. Class III: one member of the governing body of the
City to be appointed by it. The term of the member composing Class
III shall be for one year or terminate at the completion of his or
her respective term of office, whichever occurs first.
D. Class IV: six other citizens of the City to be appointed
by the Mayor. The members of Class IV shall hold no other City office,
position or employment, except that one member may be a member of
the Zoning Board of Adjustment and one member may be a member of the
Board of Education. There are two other municipal positions on commissions
referred to in N.J.S.A. 40:55D-23. The term of a Class IV member who
is also a member of the Zoning Board of Adjustment or Board of Education
shall terminate whenever he or she is no longer a member of such other
body or at the completion of his or her Class IV term, whichever occurs
first. The terms of Class IV members cannot exceed 4 years and shall
be staggered so that the Class IV terms shall be distributed evenly
in accordance with the provisions of N.J.S.A. 40:55D-23.
E. A vacancy occurring otherwise than by expiration of
term shall be filled for the unexpired term only.
[Amended 10-4-2022 by Ord. No. 44-2022]
The Board of Commissioners may remove for cause
a member of the Planning Board after a public hearing, if he or she
requests it. Written notice of the hearing shall be given at least
20 days prior thereto by certified and regular mail sent to the member's
last known address.
The Planning Board shall elect a Chairman and
Vice Chairman from the members of Class IV, select a Secretary, who
may or may not be a member of the Planning Board or a municipal employee,
and create and fill such other offices as established by ordinance.
[Amended 2-7-2023 by Ord. No. 4-2023]
The Planning Board may employ or contract for
and fix the compensation of legal counsel, other than the City Attorney.
It may employ or contract for experts and other staff and services
as it deems necessary. However, the Planning Board shall not exceed
the amount appropriated by the City Commission for its use, exclusive
of gifts or grants.
The Planning Board shall follow the provisions
of the Municipal Land Use Law and shall accordingly exercise its power
in regard to:
A. The Master Plan pursuant to Article 3 of the Municipal
Land Use Law.
B. The capital improvement program pursuant to Article
4 of the Municipal Land Use Law.
C. The Official Map pursuant to Article 5 of the Municipal
Land Use Law.
D. Subdivision control and site plan review pursuant
to Article 6 of the Municipal Land Use Law.
E. Variances and certain building permits in conjunction
with subdivision, site plan and conditional use approval pursuant
to Article 7 of the Municipal Land Use Law.
F. The Zoning Ordinance, including conditional uses,
pursuant to Article 8 of the Municipal Land Use Law.
G. The Planning Board may participate in the preparation
and review of programs or plans required by state or federal law or
regulation.
H. The Planning Board may assemble data on a continuing
basis as part of a continuous planning process.
I. The Planning Board may perform such other advisory
duties as are assigned to it by ordinance or resolution of the governing
body of the City for the aid and assistance of the governing body
or other agencies or officers.
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 Planning Board. Such
person or persons shall serve at the pleasure of the Mayor.
The governing body of the City may by ordinance
establish an Environmental Commission pursuant to N.J.S.A. 40:56A-1.
If an Environmental Commission is established, it shall prepare and
submit to the Planning Board and the Board of Adjustment an index
of the natural resources of the City. 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. Failure of the Planning Board or Board of Adjustment
to make such informational copy available to the Environmental Commission
shall not invalidate any hearing or proceeding.