[HISTORY: Adopted by the Borough Council
of the Borough of Florham Park 12-28-1976 as part of Ord. No. 19-76. Amendments noted where applicable.]
Pursuant to Chapter 291 of the Public Laws of
the State of New Jersey of 1975,[1] a Planning Board is created in the Borough, consisting
of nine members. The composition of the Planning Board shall be as
follows:
A.
Class I: the Mayor of the Borough.
B.
Class II: one of the officials of the municipality,
other than a member of the governing body, to be appointed by the
Mayor, provided that if there is an Environmental Commission, the
member of the Environmental Commission who is also a member of the
Planning Board shall be deemed to be the Class II Planning Board member
if there is both a member of the Zoning Board of Adjustment and a
member of the Board of Education among the Class IV members.
C.
Class III: a member of the governing body to be appointed
by it.
D.
Class IV: 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 member may be a member of the Zoning
Board of Adjustment and one may be a member of the Board of Education.
E.
Two alternate members appointed by the Mayor as Class
IV members to serve noncoinciding two-year terms.
[Added 10-18-1983 by Ord. No. 15-83]
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
A.
The term of a member comprising Class I shall correspond
with the official tenure. Terms of the members comprising Class II
and Class III shall be for one year or terminated at the completion
of their respective terms of office, whichever first occurs, except
for a Class II member who is also a member of the Environmental Commission.
The term of a Class II or a Class IV member who is also a member of
the Environmental Commission shall be for three years or terminated
at the completion of his term of office as a member of the Environmental
Commission, whichever first occurs. The term of a Class IV member
who is also a member of the Board of Adjustment or 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 shall first occur.
The terms of all Class IV members shall be that their first appointment
shall not exceed four years but that as few as possible of them shall
terminate at the same time. Their terms shall be staggered initially,
but thereafter all Class IV members shall be appointed for terms of
four years. which terms shall run from January 1 of the year in which
the appointment was made.
B.
All members of the Planning Board shall serve as such
without compensation.
C.
If a vacancy of any class shall occur otherwise than
by expiration of term, it shall be filled by appointment for the unexpired
term.
D.
Members may, after a public hearing, be removed for
inefficiency, neglect of duty or malfeasance in office by the officer
or body appointing them.
A.
The Planning Board, upon organization, shall elect
from the Class IV members a Chairman and a Vice Chairman, and they
shall also select a Secretary, who may be either a member of the Planning
Board or a municipal employee. The Planning Board Secretary shall
serve as the administrative officer for the purpose of applications
and notices before the Board.
[Amended 9-21-2010 by Ord. No. 10-16]
B.
There is also hereby created the office of a 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 for the Borough or the Board of
Adjustment.
C.
The Planning Board may also employ or contract for
the services of experts and other staff as it may deem necessary.
D.
The Planning Board shall not, however, exceed, exclusive
of gifts and grants, the amount appropriated by the Borough Council
for the use of the Planning Board.
A.
The Planning Board is authorized to organize and to
adopt bylaws concerning its administration and procedure.
B.
It shall have all the powers to administer the provisions
of the Land Subdivision Ordinance and Site Plan Review Ordinance of
the Borough,[1] in accordance with all of the provisions of such ordinances,
as well as the powers conferred upon it by the Municipal Land Use
Law of 1975, N.J.S.A. 40:55D-1 et seq.
C.
It is authorized, within the confines of N.J.S.A.
40:55D-28, to make and adopt and from time to time to amend the Master
Plan of the Borough.
D.
When reviewing applications for approval of subdivisions,
site plans or conditional uses, the Planning Board is authorized to
exercise those powers with regard to variances as were previously
reserved for the Zoning Board of Adjustment, such powers being conferred
by the Municipal Land Use Law of 1975.[2]
[2]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
E.
The Planning Board is authorized 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 any other action as regularly required of the Board.
Such person or persons shall serve at the pleasure of the Mayor and
Council.
Whenever an Environmental Commission has been
created and 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 hearing or proceeding.
[Amended 2-16-1988 by Ord. No. 3-88]
The Mayor and Council is hereby authorized to
appoint the citizens' advisory committee to be known as the "Design
Review Committee," as authorized by N.J.S.A. 40:55D-27, and it shall
assist the Planning Board in its duties but without power to take
official action required of the Planning Board. Such Committee shall
consist of three or five persons who shall be appointed by and serve
at the pleasure of the Mayor and Council. Wherever practicable, the
members of such Committee shall consist of registered architects,
landscape architects, city planners or persons of similar professional
training or experience. The Planning Board shall have the right to
designate one of its Class IV members to provide liaison between the
Committee and the Board. The Planning Board shall then, after the
creation of such Committee, supply any subdivision or site plan involving
exterior building concepts to such Design Review Committee for its
review and recommendations.
The Board shall adopt such rules and regulations
as it deems necessary to carry into effect the provisions and purposes
of this chapter and the remainder of the Code of the Borough. It is,
however, governed by the other sections of the Code as to procedures
to be followed with regard to applications for subdivision and site
plan, public hearings, the keeping of minutes and the handling of
decisions and written approvals and disapprovals of all applications
before it.
