A.
There is hereby established pursuant to N.J.S.A. 40:55D-1
et seq. in the City of Rahway a Planning Board of nine members, consisting
of the following four classes:
B.
Alternate members. There shall be appointed two alternate
members to the Planning Board. Alternate members shall be appointed
by the Mayor and shall meet the qualifications of Class IV members
of a nine-member Planning Board. 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.
A.
The term of the Mayor shall correspond with his official
tenure.
B.
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.
C.
The term of a Class IV member who is also a member
of the Zoning Board of Adjustment 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.
D.
The terms of all Class IV members first appointed
pursuant to this chapter shall be so determined that, to the greatest
practicable extent, the expiration of such term shall be distributed
evenly over the first four years after their appointments, provided
that the initial Class IV term of no member shall exceed four years.
Thereafter, all Class IV members shall be appointed for terms of four
years. If a vacancy in any class shall occur otherwise than by the
expiration of the Planning Board term, it shall be filled by appointment,
as provided above, for the unexpired term.
E.
All terms shall run from January 1 of the year in
which the appointment is made.
F.
Members of the Planning Board on August 1, 1976, shall
continue in office until the completion of their terms as provided
by law immediately prior to that date. Any new appointments or reappointments
to said Board shall be governed by the provisions of this chapter.
G.
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 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. A vacancy
occurring otherwise than by expiration of term shall be filled by
the appointing authority for the unexpired term only.
A.
No member or alternate 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.
B.
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.
A member of the Planning Board who was absent
for one or more of the meetings at which a hearing was held shall
be eligible to vote on the matter upon which the hearing was conducted,
notwithstanding his absence from one of more of the meetings; provided,
however, that such Board member has available to him the transcript
or recording of all of the hearing from which he was absent and certifies
in writing to the Board that he has read such transcript or listened
to such recording.
A quorum of the Planning Board shall be a majority
of the full authorized membership.
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.
The Planning Board may employ or contract for
the services of legal counsel other than the Municipal Attorney and
experts and other staff and services as it may deem necessary, not
exceeding, 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 municipality in accordance
with this chapter and the provisions of N.J.S.A. 40:55D-28.
B.
C.
To review and recommend actions regarding the Official
Map in accordance with the provisions of this chapter and N.J.S.A.
40:55D-1 et seq.
D.
To review and administer Chapter 421, Zoning, in accordance with this chapter and N.J.S.A. 40:55D-64 regarding referrals and N.J.S.A. 40:55D-67 regarding conditional uses.
E.
To annually prepare a program of municipal capital
improvement projects projected over a term of six years, and amendments
thereto, and recommend same to the governing body.
F.
The Planning Board, when reviewing applications for
approval of subdivision plats, site plans or conditional uses, shall
have the power to grant, to the same extent and subject to the same
restrictions as the Board of Adjustment:
(1)
Variances pursuant to N.J.S.A. 40:55D-70c, commonly
known as "c" or bulk variances.
(2)
Direction 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 N.J.S.A. 40:55D-32.
(3)
Building permit; relief.
(a)
Direction pursuant to N.J.S.A. 40:55D-36 for issuance
of a permit for a building or structure not related to a street.
(b)
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 participate in the preparation and review of programs
or plans required by state or federal law or regulations, if requested
to do so by the Mayor.
H.
To assemble data on a continuing basis as part of
a continuous planning process.
I.
To consider and make reports to the governing body,
within 35 days after referral, as to any proposed development regulation,
revision or amendment. The governing body, when considering the adoption
of a development regulation, revision or amendment thereto, shall
review the report of the Planning Board and may disapprove or change
any recommendation by a vote of a majority of its full authorized
membership and shall record in its minutes the reasons for not following
such recommendations. Failure of the Planning Board to transmit its
report within the thirty-five-day period provided herein shall relieve
the governing body from the requirements of this subsection with regard
to the proposed development regulation, revision or amendment thereto
referred to the Planning Board.
J.
To consider and make reports to other municipal bodies
or officers having final authority thereon on matters authorized by
ordinance to be referred. Such reference shall not extend the time
for action by the referring body, whether or not the Planning Board
has submitted its report. Whenever the Planning Board shall have made
a recommendation regarding a matter authorized by this chapter to
another municipal body, such recommendation may be rejected only by
a majority of the full authorized membership of such other body.
K.
To review all use variances referred to it by the
Zoning Board of Adjustment and shall return a written report with
recommendations to it within 120 days, which is the time for action
by the Board of Adjustment. Failure of the Planning Board to transmit
its report within the mandated time period shall relieve the Board
of Adjustment from the requirements of this subsection.
L.
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 officer.
