A Planning Board is hereby created consisting of nine regular and two alternate members, consisting of the following four classes:
Class I: the Mayor, or the Mayor's designee in the absence of the Mayor.
Class II: one of the officials of the City other than a member of the City Council, to be appointed by the Mayor.
Class III: a member of the City Council to be appointed by it.
Class IV: six other citizens of the City to be appointed by the Mayor. The members of Class IV shall hold no other municipal office, except that one such member may be a member of the Zoning Board of Adjustment and one Class IV member may be a member of the Board of Education. If there is an Environmental Commission, the member of the Environmental Commission who is also a member of the Planning Board, as required by N.J.S.A. 40:56A-1, shall be a Class IV Planning Board member, unless there is among the Class IV members of the Planning Board both a member of the Zoning Board of Adjustment and a member of the Board of Education, in which case the member common to the Planning Board and the 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.
Alternate members to the Board may be appointed only in Class IV. Alternate members shall be appointed by the Mayor and shall meet the qualifications of Class IV members of nine-member Boards. Alternate members shall be designated at the time of appointment by the Mayor as "Alternate No. 1" and "Alternate No. 2."
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.
Alternate members shall be City residents.
If the Planning Board lacks a quorum because any of its regular or alternate members is prohibited by N.J.S.A. 40:55D-23 or the Local Government Ethics Law, N.J.S.A. 40A:9-22.1 et seq., from acting on a matter due to the member's personal or financial interests therein, regular members of the Zoning Board of Adjustment shall be called upon to serve, for that matter only, as temporary until there are the minimum number of members necessary to constitute a quorum to act upon the matter without any personal or financial interest therein, whether direct or indirect. If a choice has to be made between regular members of equal seniority, the Chair of the Zoning Board of Adjustment shall make the choice.
Editor's Note: So in original.
Regular members. The term of the member composing Class I shall correspond with his/her 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 IV, or a Class II member who is also a member of the Environmental Commission, shall be for three years or terminate at the completion of his/her term as a member of the Environmental Commission, whichever comes first. The term of a Class IV member who is also a member of the Zoning Board of Adjustment or 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 term of each Class IV regular member shall be four years.
Alternate members. The terms of the Class IV alternate members shall be two years, except that the terms of the alternate members shall be such that the term of not more than one alternate member shall expire in any one year; provided, however, that in no instance shall the terms of the alternate members first appointed exceed two years.
Staggered terms. All present Class IV members of the Planning Board shall continue in office until the completion of the terms for which they were appointed. The terms of Class IV regular members first appointed pursuant to this chapter shall be so determined that, to the greatest practicable extent, the expiration of such term shall be evenly distributed over the first four years after their appointment, provided that the initial term shall not exceed four years.
Commencement of term. All terms shall run from January 1 of the year in which the appointment is made.
Any member or alternate member, other than a Class I member, may be removed by the City Council for cause, but only after public hearing, if requested, and other requested procedural due process protection.
If a vacancy of any class member, including alternate members, 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 organize annually by selecting from among its Class IV regular members a Chairperson and a Vice Chairperson. The Board shall also select a secretary who may or may not be a member of the Board or an employee of the City. The Board may create and fill such other offices as established by ordinance. An alternate member shall not serve as Chairman or Vice Chairman of the Planning Board.
The office of Planning Board Attorney is hereby created. The Planning Board may appoint to such office and fix compensation or rate of compensation of an attorney at law of New Jersey, other than the City Attorney.
The Planning Board may also employ or contract for, and fix the compensation of, such experts and other staff and services as it may deem necessary. The Board, however, shall not authorize expenditures which exceed, exclusive of gifts, grants, or application and escrow fees, the amount appropriated by the City Council for its use.
The City Council, after giving due consideration to budget requests that may be submitted by the Planning Board, shall make provisions in its budget and appropriate funds for the expenses of the Planning Board.
The Planning Board shall have the powers listed below, in addition to other powers established by law:
To make, adopt and, from time to time, amend a Master Plan for the physical development of the City, including any areas outside its boundaries which, in the Board's judgment, bear essential relationship to the planning of the City.
To administer the subdivision and site plan review provisions of this chapter in accordance with this chapter. In addition to the power to review and approve site plan and subdivision applications for development, the Planning Board's powers shall include the following:
To grant subdivision or conditional use approval simultaneously with site plan approval.
To grant variances pursuant to N.J.S.A. 40:55D-70c and subject to the same extent and restrictions of the Zoning Board of Adjustment when the Planning Board is reviewing applications for approval of subdivision plats, site plans or conditional uses. Whenever relief is requested pursuant to this subsection, public notice shall be given and shall include reference to the requested variances.
To participate in the preparation and review of programs or plans required by state or federal law or regulation.
To assemble data on a continuing basis as part of a continuous planning process.
Pursuant to the Business Administrator's assemblage and submission to the Planning Board of statements and estimates of the capital needs and projections of the several departments in the City, to prepare and transmit to the Mayor and Council, at such times as it may deem appropriate, a proposed capital improvement plan. The Board may hold public bearings on the proposed capital improvement plan on or before September 15 of each calendar year and may transmit to the Mayor and Council its recommended plan. The plan shall set forth by major programs the Board's recommendations for capital improvements to be initiated during the ensuing six fiscal years, and previously authorized and uncompleted capital improvements, including reference to such capital improvements as may be planned or in progress, or proposed by the Board of Education, together with the estimated cost and method of financing each improvement.
To consider and report to the City Council, within 35 days after referral, as to any proposed development regulation submitted to it, and also to pass upon other matters specifically referred to the Planning Board by the City Council.
To perform such other advisory duties as are assigned to it by ordinance or resolution of the City Council for the aid and assistance of the City Council or other agencies and officers.
To study and report on such other matters as may be referred to it by the Mayor or Council.
To make recommendations to the City Council upon referral of the Official Map or any amendment thereto. The Planning Board shall be the custodian of the Official Map of the City, as such Official Map is established, changed or amended from time to time pursuant to law; and shall cause any change, amendment or addition thereto or deletion therefrom made by ordinance to be recorded on the map by appropriate revision and notation.