Berkeley Township City Zoning Code
ARTICLE III
Planning Board
§ 35-5.1 Establishment.
[Ord. No. 94-29 § 118-4A]
The Planning Board presently in existence pursuant to N.J.S.A. 40:55D-23 et seq., is hereby continued to consist of seven members and two alternates of the following four classes:
a.
Class I: The Mayor.
b.
Class II: One of the officials of the Township other than a member of the Township Council, 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 as required by N.J.S.A. 40:56A-1 shall be deemed to be the Class II Planning Board member if there are both a member of the Zoning Board of Adjustment and a member of the Board of Education among the Class IV members or alternate members.
c.
Class III: A member of the Township Council, to be appointed by it.
d.
Class IV: Four other citizens of the Township, 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. A 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 are 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 of the Environmental Commission shall be deemed to be the Class II member of the Planning Board.
§ 35-5.2 Terms.
[Ord. No. 94-29 § 118-4B]
a.
The term of the member composing Class I shall correspond with 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, 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 terminate at the completion of his term of office as a member of the Environmental Commission, whichever comes first.
b.
The term of a Class IV member who is also a member of the Zoning 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 occurs first.
c.
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 terms shall be evenly distributed over the first four years after their appointment as determined by resolution of the Township Council; provided, however, that no term of any member shall exceed four years, and further provided that nothing herein shall affect the terms of any present members of the Planning Board, all of whom shall continue in office until the completion of the terms for which they were appointed. Thereafter all Class IV members shall be appointed for terms of four years, except as otherwise herein provided. All terms shall run from January 1 of the year in which the appointment was made.
§ 35-5.3 Alternates.
[Ord. No. 94-29 § 118-4C]
The Mayor may appoint alternates to the Planning Board. Such alternate members shall not exceed two in number and shall serve without compensation and shall be designated at the time of appointment by the Mayor as "Alternate No. 1" and "Alternate No. 2." The term of the alternate member 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 term of the alternate members first appointed exceed two years, commencing the first of the year and terminate on December 31. A vacancy occurring otherwise than by expiration of term shall be filled by the mayor for the unexpired term only. Alternate members may participate in discussions and proceedings but may not vote except in the absence of qualifications 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.
§ 35-5.4 Conflicts.
[Ord. No. 94-29 § 118-4D]
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.
§ 35-5.5 Vacancies.
[Ord. No. 94-29 § 118-4E]
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.
§ 35-5.6 Removal.
[Ord. No. 94-29 § 118-4F]
Any member other than a Class I member, after a public hearing if he requests one, may be removed by the Township Council for cause.
§ 35-5.7 Organization of Board.
[Ord. No. 94-29 § 118-4G]
The Planning Board shall elect a Chairman and Vice Chairman from the members of Class TV and select a Secretary and Assistant Secretary who may be either a member of the Planning Board or a municipal employee designated by it.
§ 35-5.8 Planning Board Attorney.
[Ord. No. 94-29 § 118-4H]
There is hereby created the office of 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.
§ 35-5.9 Experts and Staff.
[Ord. No. 94-29 § 118-41]
The Planning Board may also employ or contract for the services of experts and other staff and services as it may deem necessary. The Planning Board shall not exceed, however, exclusive of gifts or grants, the amount appropriated by the Township Council for its use.
§ 35-5.10 Powers and Duties.
[Ord. No. 94-29 § 118-4J; Ord. No. 01-21-OAB § 5]
The Planning 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 Investigations Law of 1953, N.J.S.A. 2A:67A-1 et seq. shall apply. The Planning Board shall 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, including any areas outside its boundaries which, in the Board's judgment, bear essential relation to the planning of the municipality, in accordance with the provisions of N.J.S.A. 40:55D-28.
b.
To administer site plan and land subdivision review in accordance with the provisions of this chapter and Article 6 of P.L. 1975, c. 291.
c.
To grant exceptions from certain requirements for subdivision and site plan approval pursuant to N.J.S.A. 40:55D-51.
d.
To approve conditional use applications in accordance with the provisions of this chapter and pursuant to N.J.S.A. 40:55D-67.
e.
To consider and make report to the Township Council 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-26a and also pass upon other matters specifically referred to the Planning Board by the Township Council pursuant to the provisions of N.J.S.A. 40:55D-26b.
f.
To participate in the preparation and review of programs or plans required by State or Federal law or regulations.
g.
To assemble data on a continuing basis as part of a continuing planning process.
h.
To annually prepare a program of municipal capital improvement projects over a term of six years, and amendments thereto, and recommend same to the Governing Body pursuant to the provisions of N.J.S.A. 40:55D-29.
i.
When reviewing applications for approval of subdivision plats, site plans or conditional uses, to grant, to the same extent and subject to the same restrictions as the Zoning Board of Adjustment:
1.
Variances, pursuant to N.J.S.A. 40:55D-70c, from lot area, dimensional, setback and yard requirements.
2.
Direction, pursuant to N.J.S.A. 40:55D-34, for issuance of permits for buildings or structures 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.
Direction, pursuant to N.J.S.A. 40:55D-36, for issuance of permits for buildings or structures not related to a street.
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. |
j.
Review of capital projects pursuant to N.J.S.A. 40:55D-31.
k.
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 Township Council or other agencies or officers.
l.
The Township Council may by ordinance provide for the reference of any matter or class of matters to the Planning Board before final action thereon by a municipal body or municipal officer having final authority thereon. 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 ordinance to another municipal body, such recommendation may be rejected only by a majority of the full authorized membership of such other body.
m.
To exercise all the powers and perform all the duties set forth in N.J.A.C. 7:50-6.153(a), including recommendations to the Governing Body for designation of historic resources, in accordance with N.J.S.A. 40:55D-1 et seq., which are determined to be significant pursuant to § 35-149 (Historic Resource Preservation) of this chapter.