There is hereby established pursuant to P.L.
1975, c. 291,[1] in the Borough of Barnegat Light a Planning Board of seven
members consisting of the following four classes:
A.
Class I. The Mayor or the Mayor's designee in the
absence of the Mayor.
[Amended 7-16-1997 by Ord. No. 97-8]
B.
Class II. One of the officials of the municipality
other than a member of the governing body to be appointed by the Mayor.
C.
Class III. A member of the governing body to be appointed
by it.
D.
Class IV. Four other citizens of the municipality
to be appointed by the Mayor. The members of Class IV shall hold no
other municipal office.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
[Added 9-22-1983 by Ord. No. 83-1]
Pursuant to the provisions of Chapter 37 of
the Laws of 1978,[1] two alternate Class IV members of the Planning Board shall
be appointed by the Mayor.
[1]
Editor's Note: See N.J.S.A. 40:55D-23.
A.
The term of the member composing Class I shall correspond
with his official tenure or, if the member is the Mayor's designee
in the absence of the Mayor, the designee shall serve at the pleasure
of the Mayor during the Mayor's official tenure. The terms of the
members composing Class II and Class III shall be for one year or
terminate at the completion of their respective terms of office, whichever
occurs first.
[Amended 7-16-1997 by Ord. No. 97-8]
B.
The terms of all Class IV members first appointed
pursuant to this Part 1 shall be so determined that to the greatest
practicable extent the expiration of such terms shall be distributed
evenly over the first four years after their appointment, as determined
by resolution of the governing body; provided, however, that no term
of any member shall exceed four years, and further provided that nothing
herein shall affect the term of any present members of the Planning
Board, all of whom shall continue in office until the completion of
the terms for which they were appointed. Thereafter all Class IV members
shall be appointed for terms of four years, except as otherwise hereinabove
provided. All terms shall run from January 1 of the year in which
the appointment is made.
C.
Alternate members. The alternate members of Class
IV shall serve for a term of two years; provided, however, that one
of the initial two appointees of the alternate Class IV membership
shall serve for an initial term of one year. The Chairman of the Planning
Board shall designate the Class IV alternate members "Alternate No.
1" and "Alternate No. 2," and they shall serve in rotation during
the absence or disqualification of any regular Class IV members.
[Added 9-22-1983 by Ord. No. 83-1]
If a vacancy in any class shall occur otherwise
than by expiration of term, it shall be filled by appointment as above
provided for the unexpired term.
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.
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.
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.
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 Borough of Barnegat Light,
including any areas outside its boundaries which in the Board's judgment
bear essential relation to the planning of the Borough of Barnegat
Light, in accordance with the provisions of N.J.S.A. 40:55D-28.
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.
To consider and make report 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 to pass upon other matters specifically referred to the Planning
Board by the governing body of the Borough of Barnegat Light pursuant
to the provisions of N.J.S.A. 40:55D-26b.
F.
Variances and permits.
(1)
When reviewing applications for approval of subdivisions
plats, site plans or conditional uses, to grant to the same extent
and subject to the same restrictions as the Zoning Board of Adjustment:
(2)
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 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.[5]
[5]
Editor's Note: Former Section 8, Time, and
Section 9, Applications: Procedure for Filing, which immediately followed
this subsection, were deleted 7-16-1997 by Ord. No. 97-8.
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 Board. Such person or
persons shall serve at the pleasure of the Mayor.
The Board shall adopt such rules and regulations
as may be necessary to carry into effect the provisions and purposes
of this Part 1. 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.
