Pursuant to the provisions of N.J.S.A. 40:55D-23, a Planning Board of nine members is hereby established and created in the City of Cape May.
[Amended by Ord. No. 561; Ord. No. 772; Ord. No. 822-88; 9-21-2004 by Ord. No. 07-2004]
The membership shall consist of, for convenience in designating the manner of appointment, the four following classes:
A. 
Class I: the Mayor or his designee; provided, however, that he or she is a member of City Council.
B. 
Class II: an official of the City other than a member of the City Council to be appointed by City Council. The member of the Environmental Commission who is also a member of the Planning Board as required by Section 1, P.L. 1968, c. 245,[1] shall be deemed to be the Class II Planning Board member if there are among the Class IV members, or alternate members, both a member of the Zoning Board of Adjustment and a member of the Board of Education.
[1]
Editor's Note: See N.J.S.A. 40:56A-1.
C. 
Class III: a member of the governing body, appointed by City Council.
D. 
Class IV: six other citizens of the municipality, to be appointed by the City Council. The members of Class IV shall hold no other municipal office, position or employment except that one such member may be a member of the Zoning Board of Adjustment or Historic Preservation Commission. One Class IV member may be a member of the Board of Education. The member of the Environmental Commission who is also a member of the Planning Board, as required by Section 1 of P.L. 1968, c. 245 (N.J.S.A. 40:56A-1), shall be a Class IV Planning Board member, unless there is among the Class IV or alternate members of the Planning Board both a member of the Zoning Board of Adjustment or Historic Preservation Commission and a member of the Board of Education, in which case the member common to the Planning Board and Municipal Environmental Commission shall be deemed a Class II member of the Planning Board. For the purpose of this section, membership on a municipal board or commission whose function is advisory in nature, and the establishment of which is discretionary and not required by statute, shall not be considered the holding of municipal office.
E. 
In addition to the regular members of the Planning Board, City Council may appoint two alternate members who shall be designated by the Council as "Alternate No. 1" and "Alternate No. 2." They shall be required to meet the qualifications of Class IV members.
[Amended by Ord. No. 561; 9-21-2004 by Ord. No. 07-2004]
A. 
The term of the Class I member shall correspond to the term of the Mayor. The term of the Class II member and Class III member shall be for one year or terminate at the completion of their term in 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 or her 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 Zoning Board of Adjustment or Board of Education shall terminate whenever he or she is no longer a member of such other body or the completion of his or her Class IV term, whichever occurs first.
B. 
The terms of the Class IV members first appointed pursuant to this chapter shall be as follows:
(1) 
Two members appointed for one-year terms.
(2) 
Two members appointed for two-year terms.
(3) 
Two members appointed for three-year terms.
C. 
Thereafter, all Class IV members shall be appointed for terms of four years except as otherwise herein provided.
D. 
All terms shall begin on July I of the year in which the appointment is made.
E. 
If a vacancy and removal in any class shall occur other than by expiration of the Planning Board term, it shall be filled by appointment, as above provided, for the unexpired term.
F. 
No member of the Planning Board shall be permitted to act on any matter in which he or she has, either directly or indirectly, any personal or financial interest.
G. 
Any member other than a Class I member, after a public hearing if he or she requests one, may be removed by the governing body for cause.[1]
[1]
Editor's Note: Original Sec. 30-1.3, eighth paragraph, concerning the appointment of alternate Class IV members, which previously followed this section, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
H. 
Alternate members of Class IV shall serve for terms of two years; provided, however, that the initial terms of the two such alternate members shall be one and two years, respectively.
Whenever any hearing before the Planning Board shall carry over two or more meetings, a member of the Board who was absent for one or more of the meetings shall be eligible to vote on the matter upon which the hearing was conducted, notwithstanding his absence for one 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.
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. It may employ, or contract for, and fix the compensation of legal counsel, other than the Municipal Attorney, and experts and other staffs and services as it may deem necessary, not exceeding, exclusive of gifts or grants, the amount appropriated by the City Council for its use.
The Planning Board is authorized to adopt bylaws governing its procedural operation. 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 City, including any areas outside its boundaries, which in the Board's judgment bear essential relation to the planning of the City, in accordance with the provisions of N.J.S.A. 40:55D-28.
B. 
To administer the provisions of Chapter 417, Site Plan Review, and Chapter 445, Subdivision of Land, of the City Code in accordance with the provisions of the ordinances and the Municipal Land Use Law (P.L. 1975, c. 291).[1]
[1]
Editor's Note: See 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.
E. 
Upon resolution of the City Council authorizing the same, from time to time prepare a program of municipal capital improvement projects projected over a term of at least six years together with amendments thereto and recommend the same to the governing body.
F. 
To consider and make report to the City Council 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-26(a), and also pass upon other matters specifically referred to the Planning Board by the City Council, pursuant to the provisions of N.J.S.A. 40:55D-26(b).
G. 
Variances; direction for issuance of a permit.
(1) 
Whenever the proposed development requires approval pursuant to N.J.S.A. 40:55D-1 et seq., of a subdivision, site plan or conditional use, but not a variance pursuant to N.J.S.A. 40:55D-70d, the Planning Board 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-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 pursuant to N.J.S.A. 40:55D-32; and
(c) 
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.
(2) 
Whenever relief is requested pursuant to this section, 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) 
The developer may elect to submit a separate application requesting approval of the variance or direction of the issuance of a permit and a subsequent application for any required approval of a subdivision, site plan or conditional use. The separate approval of the variance or direction of the issuance of a permit shall be conditioned upon grant of all required subsequent approvals of the Planning Board. No such subsequent approval shall be granted unless the approval can be granted without substantial detriment to the public good and without substantial impairment of the intent and purpose of the zone plan and Chapter 525, Zoning.
H. 
To perform such other advisory duties as are assigned to it by ordinance or resolution of the City Council or other municipal agencies for the aid and assistance of the City Council or other agencies or officers.
A. 
Minor subdivisions. Minor subdivision approvals shall be granted or denied within 45 days of the date of submission of a complete application to the Planning Board or within such further time as may be consented to by the applicant. Approval of a minor subdivision shall expire 190 days from the date of Planning Board approval unless within such period a plat in conformity with such approval and the provisions of the Map Filing Law (P.L. 1960, c. 141),[1] or a deed clearly describing the approved minor subdivision, is filed by the developer with the County Recording Officer, the Municipal Engineer and the Municipal Tax Assessor. Any such plat or deed must be signed by the Chairman and Secretary of the Planning Board before it will be accepted for filing by the County Recording Officer.
[1]
Editor's Note: See N.J.S.A. 46:23-9.9 et seq.
B. 
Preliminary approval of major subdivisions. Upon submission of a complete application for a subdivision of 10 or fewer lots, the Planning Board shall grant or deny preliminary approval within 45 days of the date of such submission or within such further time as may be consented to by the developer. Upon submission of a complete application for a subdivision of more than 10 lots, the Planning Board shall grant or deny preliminary approval within 95 days of the date of such submission or within such further time as may be consented to by the developer. Otherwise, the Planning Board shall be deemed to have granted preliminary approval for the subdivision.
C. 
Ancillary powers. Whenever an application for approval of a subdivision plan, site plan or conditional use includes a request for relief pursuant to N.J.S.A. 40:55D-60, the Planning Board shall grant or deny approval of the application within 120 days after submission by a developer of a complete application to the administrative officer or within such further time as may be consented to by the applicant. In the event that the developer elects to submit separate consecutive applications, the aforesaid provision shall apply to the application for approval of the variance or direction for issuance of a permit. The period for granting or denying any subsequent approval shall be as otherwise provided in N.J.S.A. 40:55D-1 et seq. Failure of the Planning Board to act within the period prescribed shall constitute approval of the application, and a certificate of the administrative officer as to failure of the Planning Board to act shall be issued on request of the applicant, and it shall be sufficient in lieu of the written endorsement or other evidence of approval, herein required, and shall be so accepted by the County Recording Officer for purposes of filing subdivision plats. Whenever review or approval of the application by the County Planning Board is required by N.J.S.A. 40:27-6.1, in the case of a subdivision, or N.J.S.A. 40:27-6.6, in the case of a site plan, the Planning Board shall condition any approval that it grants upon timely receipt of a favorable report on the application by the County Planning Board or approval by the County Planning Board by its failure to report thereon within the required time period.
D. 
Final approval.
(1) 
Application for final subdivision approval shall be granted or denied within 45 days of submission of a complete application or within such further time as may be consented to by the applicant.
(2) 
Final approval of a major subdivision shall expire 95 days from the date of signing of the plat unless within such period the plat shall have been duly filed by the developer with the County Recording Officer. The Planning Board may, for good cause shown, extend the period for recording for an additional period not to exceed 190 days from the date of signing of the plat.
[Amended by Ord. No. 1293-2003]
An applicant shall file an application for development at least 30 days before the date of the monthly meeting of the Board consisting of the original and 20 copies of a sketch plat together with an explanatory letter in the case of a minor subdivision, and at least 20 black-on-white prints of the preliminary plat together with two copies of the explanatory letter in the case of preliminary approval of a major subdivision, site plan review, conditional use approval or planned development. At the time of filing the application but in no event less than 10 days prior to the date set for hearing, the applicant shall also file all plot plans, maps or other papers required by virtue of any provision of the ordinances or any rule of the Planning Board and give notice as required by § 59-30 except in the case of a minor subdivision. The applicant shall obtain all necessary forms from the Secretary of the Planning Board. The Secretary of the Board shall inform the applicant of the steps to be taken to initiate applications and of the regular meeting dates of the Board. The applicant shall pay the fees set forth in Chapter 417, Site Plan Review, and Chapter 445, Subdivision of Land, of the City Code at the time of filing an application for development.
When the Environmental Commission has prepared and submitted to the Planning Board an index of the natural resources of the municipality, the Planning Board shall make available to the Environmental Commission an informal copy of every application for development submitted to the Planning Board. Failure to do so shall not invalidate any proceedings.[1]
[1]
Editor's Note: Original Sec. 30-1.10, Citizens Advisory Committee, which previously followed this section, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I).