The Planning Board heretofore created by the
Township of Bridgewater is continued and is hereby established pursuant
to the Municipal Land Use Law as the Planning Board for said municipality.
[Amended 1-16-2020 by Ord. No. 20-05]
The Planning Board shall consist of nine members,
who shall be divided into four classes for convenience in designating
their manner of appointment, as follows:
A.
Class I: the Mayor or the Mayor's designee, in the
absence of the Mayor.
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: six other citizens of the municipality,
to be appointed by the Mayor. The members of Class IV shall hold no
other municipal office, except that one such member shall be a member
of the Environmental Commission, as required by P.L. 1968, c. 245,
§ 1 (N.J.S.A. 40:56A-1).
[Amended 1-16-2020 by Ord. No. 20-05]
The term of the member composing Class I shall
correspond to his 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. The term
of the 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 terms of all Class IV members first appointed under
this article 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, provided that the initial
Class IV term of no member shall exceed four years. The Mayor shall
designate the length of said term for all Class IV members first appointed
under this article in a manner that effectuates the aforementioned
purpose of distributing the terms of said member evenly over the four-year
period. After the initial appointment of a Class IV member, 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. 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.[1]
[1]
Editor's Note: Section 11 of Ord. No. 84-12,
adopted 5-21-1984, provided that all terms which are to expire on
June 30 of any year are hereby extended to December 31 of that year,
with new appointments to be made on the following January 1, unless
restricted or prohibited by state statute or regulation.
[Added 9-18-1978 by Ord. No. 78-22]
A.
There shall be two alternate members of Class IV.
The initial terms of the alternate members of Class IV shall be one
and two years respectively. Thereafter the term of each alternate
shall be two years. Alternate members shall be designated at the time
of appointment as "Alternate No. 1 and Alternate No. 2." Alternate
members may participate in proceedings but may not vote except in
the absence or disqualification of a regular member of any class.
[Amended 3-4-1988 by Ord. No. 88-1]
B.
No alternate member shall be permitted to act on any
matter in which he has either directly or indirectly any personal
or financial interest. An alternate member may, after public hearing
if he requests one, be removed by the governing body for cause.
[Added 6-25-1981 by Ord. No. 81-19]
C.
Alternate members may participate in discussions of
the proceedings but may not vote, except in the absence or disqualification
of a regular member of any class. A vote shall not be delayed in order
that a regular member may vote instead of an alternate member. In
the event that a choice must be made as to which alternate member
is to vote, Alternate No. 1 shall vote.
[Added 6-25-1981 by Ord. No. 81-19]
When 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
from one or more of the meetings; provided, however, that such Board
member has available to him a transcript or recording of the meeting.
Members of the Planning Board shall serve without
salary but may be paid expenses incurred in the performance of duties.
No member shall be permitted to act on any matter
in which he has, directly or indirectly, any personal or financial
interest.
The Planning Board shall elect a Chairman and
a Vice Chairman from the members of Class IV. Their terms of office
shall each be one year, and they shall be eligible for reelection.
The Board shall also select a Secretary, who may but need not be a
member of the Board, and it may create and fill such other offices
as it shall determine.
The office of Planning Board Attorney is hereby
created. The Planning Board may annually appoint to such office and
fix the compensation or rate of compensation of an attorney at law
of New Jersey other than the Attorney for the municipality. The Planning
Board may also employ or contract for and fix the compensation of
such experts and other staff and services as it deems necessary. Obligations
for the foregoing shall not exceed, exclusive of gifts or grants,
the amounts agreed upon and appropriated for the Board's use.
The Planning Board shall have the power to:
A.
Prepare and adopt a master plan for the physical,
economic and social development of the municipality, and amend or
revise the same from time to time.
B.
Whenever the proposed development requires approval
of a subdivision, site plan or conditional use, but not a use variance,
the Planning Board, in lieu of the Board of Adjustment and to the
same extent and subject to the same restrictions as such Board, shall
receive, review and act upon applications for hardship variances and
applications for special permits.
[Amended 10-7-1985 by Ord. No. 85-32]
C.
The developer may elect to submit a separate application
requesting approval of the hardship variance or special permit and
a subsequent application for any required approval of a subdivision,
site plan or conditional use. The separate approval of the hardship
variance or special permit shall be conditioned upon grant of all
required subsequent approvals by 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 Zoning Ordinance.
[Amended 6-25-1981 by Ord. No. 81-19; 10-7-1985 by Ord. No. 85-32]
D.
Participate in the preparation and review of programs
or plans required by state or federal law or regulation.
E.
Assemble data on a continuing basis as part of a continuous
planning process.
F.
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.
No power expressly authorized by this chapter
to be exercised by the Planning Board shall be exercised by any other
body except as otherwise provided in this chapter.
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.
[1]
Editor's Note: Former § 126-14,
Site Plan Review Advisory Board, was repealed 6-18-1990 by Ord. No.
90-11.
