[Amended 12-5-1991 by Ord. No. 91-09; 12-7-2006 by Ord. No. 06-15]
There is established in Mannington Township a Planning/Zoning Board of nine members consisting of persons appointed to serve in four membership classes for terms as specified in N.J.S.A. 40:55D-23.
[Amended 12-5-1991 by Ord. No. 91-09; 12-7-2006 by Ord. No. 06-15]
There shall be four alternate members of the Mannington Township Planning/Zoning Board who shall be appointed and designated to serve for terms as specified in N.J.S.A. 40:55D-23.1 and who shall participate in Planning/Zoning Board matters as specified in that statute. The terms of the two persons who serve as Alternate No. 1 and Alternate No. 2 as of the effective date of this § 70-7 shall continue uninterrupted notwithstanding the adoption of this § 70-7. Following the effective date of this § 70-7, an initial Alternate No. 3 shall be appointed and designated in the manner provided by N.J.S.A. 40:55D-23.1 for an unexpired two-year term that shall be deemed to have commenced on January 1 of the year in which such appointment and designation are made. Following the effective date of this § 70-7, an initial Alternate No. 4 shall be appointed and designated in the manner provided by N.J.S.A. 40:55D-23.1 for an unexpired two-year term that shall be deemed to have commenced on January 1 of the year that immediately preceded the year in which such appointment and designation are made. Thereafter, all four alternate positions shall continue to be filled by appointment for two-year terms as provided by N.J.S.A. 40:55D-23.1.
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/she requests one, may be removed by the Township Committee for cause.
The Planning/Zoning Board shall elect a Chair and Vice Chair from the members of Class IV and select a Secretary, who may be either a member of the Planning/Zoning Board or a municipal employee designated by it.
A. 
There is hereby created the office of Planning/Zoning Board Attorney. The Planning/Zoning Board may annually appoint, fix the compensation of, or agree upon the rate of compensation of the Planning/Zoning Board Attorney who shall be an attorney other than the municipal attorney.
B. 
The Planning/Zoning 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.
A. 
The Planning/Zoning Board shall have all powers and duties as enumerated in N.J.S.A. 40:55D-25a and b, including and in addition to the following specified powers and duties:
[Amended 5-6-1993 by Ord. No. 93-2; 12-7-2006 by Ord. No. 06-15]
(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/Zoning Board by the governing body pursuant to the provisions of N.J.S.A. 40:55D-26b.
(4) 
To assemble data on a continuous 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 the state or federal law or regulations.
(7) 
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 a Zoning Board of Adjustment:
(a) 
Variances pursuant to subsection 57c of Chapter 291, P. L. 1975 (N.J.S.A. 40:55D-70c) from lot area, lot dimensional set back, and yard requirements shall not be granted for more than one lot.
(b) 
Direction, pursuant to Section 25 of said Act (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 drainage way, flood-control basin or public area reserved pursuant to Section 23 of said Act (N.J.S.A. 40:55D-32); and
(c) 
Direction, pursuant to Section 27 of said Act (N.J.S.A. 4055:D-36), for issuance of a permit for a building or structure not related to a street. Whenever relief is requested under this subsection, the hearing notice on the development application shall include reference to the type of relief requested.
(8) 
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.
(9) 
The Planning/Zoning Board shall exercise, pursuant to N.J.S.A. 40:55D-25c(1), to the same extent and subject to the same restrictions, all of the powers of a board of adjustment; but the Class I and Class III members shall not participate in the consideration of applications for development which involve relief pursuant to N.J.S.A. 40:55D-70d.
[Added 5-6-1993 by Ord. No. 93-2]
B. 
The Planning/Zoning Board shall adopt such rules and regulations as may be necessary to carry into effect the provisions and purposes of this chapter.