There is hereby established pursuant to P.L.
1975, c. 291, 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.
[Added 9-22-1983 by Ord. No. 83-1]
Pursuant to the provisions of Chapter 37 of
the Laws of 1978, two alternate Class IV members of the Planning Board shall
be appointed by the Mayor.
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.
B. To administer the provisions of Chapter
172, Subdivision of Land, and Chapter
157, Site Plan Review, of the Code of the Borough of Barnegat Light in accordance with the provisions of said ordinances and the Municipal Land Use Law of 1975, 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. 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:
(a) Variances, pursuant to Section 57c of Chapter 291
of the Laws of New Jersey 1975, from lot area and lot dimensional, setback and yard requirements,
provided that such relief from lot area requirements shall not be
granted for more than one lot.
(b) Direction pursuant to Section 25 of said Act 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 Section 23 of said Act.
(c) Direction pursuant to Section 27 of said Act 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 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.
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.