[Amended 5-6-1986 by Ord. No. 1986-2; 10-4-1994 by Ord. No. 1994-10; 11-19-1996 by Ord. No.
1996-5]
There is hereby established, pursuant to P.L.
1975, c. 291, in the Borough of Bay Head a Planning Board of nine
members consisting of the following four classes:
A.Â
Class I: the Mayor or the Mayor's designee in the
absence of the Mayor or, in the case of the Council-Manager form of
government, pursuant to the Optional Municipal Charter Law, P.L. 1950,
c. 210 (N.J.S.A. 40:69A-1 et seq.) or the Municipal Manager Form of
Government Law (N.J.S.A. 40:79-1 et seq.), the Manager, if so provided
by the aforesaid ordinance.
B.Â
Class II: one of the officials of the municipality
other than a member of the governing body, to be appointed by the
Mayor; provided, however, that, if there is an Environmental Commission,
the member of the Environmental Commission who is also a member of
the Planning Board, as required by § 1 of P.L. 1968, c.
245 (N.J.S.A. 40:56A-1), shall be deemed to be the Class II Planning
Board member for purposes of this act in the event that there is among
the Class IV or alternate members of the Planning Board a member of
the Board of Education.
C.Â
Class III: a member of the governing body to be appointed
by it.
D.Â
Class IV: other citizens of the municipality, to be
appointed by the Mayor or, in the case of the Council-Manager form
of government, pursuant to the Optional Municipal Charter Law, P.L.
1950, c. 210 (N.J.S.A. 40:69A-1 et seq.) or the Municipal Manager
Form of Government Law (N.J.S.A. 40:79-1 et seq.), by the Council,
if so provided by the aforesaid ordinance. The members of Class IV
shall hold no other municipal office, position or employment, except
that, in the case of nine-member Boards, one such member may be a
member of the Historic Preservation Commission. No member of the Board
of Education may be a Class IV member of the Planning Board, except
that, in the case of a nine-member Board, one Class IV member may
be a member of the Board of Education. If there is a Municipal Environmental
Commission, the member of the Environmental Commission who is also
a member of the Planning Board, as required by § 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 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.
[Amended 11-19-1996 by Ord. No. 1996-5]
A.Â
The term of the member composing Class I shall correspond
to the Mayor's or Manager's 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, 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 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 Board
of Education shall terminate whenever he is no longer a member of
such other body or at the completion of his Class IV term, whichever
occurs first. The terms of all Class IV members first appointed under
this act 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 appointments; provided, however, that
the initial Class IV term of no member shall exceed four years. Thereafter,
the Class IV term of each such member shall be four years. If a vacancy
in any class shall occur otherwise than by expiration of the Planning
Board term, it shall be filled by appointment, as above provided,
for the unexpired term. No member of the Planning Board shall be permitted
to act on any matter in which he has, either directly or indirectly,
any personal or financial interest. Any member other than a Class
I member, after a public hearing if he requests one, may be removed
by the governing body for cause.
B.Â
In any municipality in which the term of the municipal
governing body commences on January 1, the governing body may, by
ordinance, provide that the term of appointment of any class of member
of the Planning Board appointed pursuant to this section shall commence
on January 1. In any municipality in which the term of the municipal
governing body commences on July 1, the governing body may, by ordinance,
provide that the term of appointment of any class of member appointed
pursuant to this section commence on July 1.
[Amended 5-3-2010 by Ord. No. 2010-06]
The Mayor may appoint four alternate members
to the Planning Board. Alternate members shall meet the qualifications
of Class IV members. At the time of appointment, the Mayor shall designate
such members as "Alternate No. 1," "Alternate No. 2," "Alternate No.
3," and "Alternate No. 4." The terms of the alternate members shall
be for two years, except that the terms of the alternate members shall
be such that the term of not more than two alternate members shall
expire in any one year. A vacancy occurring otherwise than by expiration
of term shall be filled by the Mayor for the unexpired term only.
All other matters respecting alternate members shall be as set forth
in N.J.S.A. 40:55D-23.1.
If a vacancy of 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 Chair and Vice
Chair 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 the Planning
Board Attorney. The Planning Board may annually appoint and 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 exceed, however, 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.Â
To make and adopt and, from time to time, amend a
Master Plan for the physical development of the borough, including
any areas outside its boundaries, which, in the Board's judgment,
bear essential relation to the planning of the borough, in accordance
with the provisions of N.J.S.A. 40:55D-28.
B.Â
To administer land subdivision control and site plan
review in accordance with the provisions of this chapter and the Municipal
Land Use Law of 1975, N.J.S.A. 40:55D-1 et seq.
C.Â
To consider and make a 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-26,
and also to pass upon other matters specifically referred to the Planning
Board by the Borough Council, pursuant to the provisions of N.J.S.A.
40:55D-26.
D.Â
Granting variances or direction.
[Amended 10-4-1994 by Ord. No. 1994-10]
(1)Â
When reviewing applications for the approval of subdivision
plats, site plans or conditional uses, to grant:
(a)Â
Variances, pursuant to the provisions of N.J.S.A.
40:55D-70(c).
(b)Â
Direction, pursuant to the provisions of N.J.S.A.
40:55D-34, for the 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.
(c)Â
Direction, pursuant to the provisions of N.J.S.A.
40:55D-36, for the issuance of a permit for a building or structure
not related to a street.
(2)Â
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 the issuance
of a permit, as the case may be.
E.Â
To perform such other advisory duties as are assigned
to it by ordinance or resolution of the governing body or other agencies
or officers.
F.Â
To perform any and all duties formerly exercised by
the Zoning Board of Adjustment, subject to the limitation that the
Class I and the Class III members of the Planning Board shall not
participate in the consideration of applications for development which
involve relief pursuant to Subsection d of § 57 of P.L.
1975, c. 291 [N.J.S.A. 40:55D-70(d)].
[Added 5-6-1986 by Ord. No. 1986-2]
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.
Whenever 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 informational copy of every application
for development to the Planning Board. Failure of the Planning Board
to make such informational copy available to the Environmental Commission
shall not invalidate any hearings or proceedings.
The Board shall adopt such rules and regulations
as may be necessary to carry into effect the provisions and purposes
of this chapter. In the issuance of subpoenas, administration of oaths
and taking of testimony, the provisions of the County and Municipal
Investigation Law of 1953 (N.J.S.A. 2A:67A-1 et seq.) shall apply.
