Fair Haven City Zoning Code
§ 30-3.1
Planning Board.
[Ord. B-417 § 3.1,1998; 2002 Code § 16.12.010]
a.
Establishment. The Planning Board presently in existence pursuant to N.J.S.A. 40:55D-23 is continued to consist of nine members of the following four classes and two alternates all of whom shall be municipal residents except for the Class II members, as set forth below.
1.
Class I. The Mayor, or the Mayor's designee in the absence of the Mayor.
2.
Class II. One of the officials of the Borough other than the Mayor or a member of the Borough 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 is 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.
3.
Class III. A member of the Borough Council to be appointed by it.
4.
Class IV. Six other citizens of the Borough to be appointed by the Mayor. The members of Class IV shall hold no other municipal office, position or employment except that one member may be a member of the Zoning Board of Adjustment and one may be a member of either the Board of Education of either the Fair Haven Board of Education or the Rumson-Fair Haven Regional High School 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-2 shall be a Class IV Planning Board member unless there be among the Class IV or alternate 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. 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.
5.
Alternates. The Mayor shall also appoint two alternate members who shall meet the qualifications of Class IV members. Alternate members shall be designated by the Mayor at the time of appointment as "Alternate No. 1" and "Alternate No. 2."
b.
Terms. The term of the member composing Class I shall correspond to his 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 II or a Class IV member who is also a member of the Environmental Commission shall be for three years or terminate at a completion of his term of office 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 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.
The terms of all Class IV members first appointed pursuant to N.J.S.A. 40:55D-23 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, however, that no term of any member shall exceed four years and further provided that nothing herein shall affect the term of any present member of the planning Board, all of whom shall continue in office until the completion of the term for which they were appointed. Thereafter, all Class IV member 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.
The terms of 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. A vacancy occurring otherwise than by expiration of term shall be filled by the appointing authority for the unexpired term only.
Alternate members may participate in all matters, but may not vote except in the absence or disqualification of a regular member of any class. Participation of alternate members shall not be deemed to increase the size of the Planning Board. 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.
c.
Conflicts and Lack of Quorum. 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. 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 N.J.S.A. 40:55D-23.1 from acting on a matter due to the member's personal or financial interests therein, regular members of the Board of Adjustment shall be called upon to serve, for that matter only, as temporary members of the Planning Board in order of seniority of continuous service to the Board of Adjustment 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 Chairman of the Board of Adjustment shall make the choice.
d.
Vacancies. 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 only.
e.
Removal. Any member other than a Class I member, after a public hearing if he requests one, may be removed by the Borough Council for cause.
f.
Organization of Board. 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 or alternate member of the Planning Board or a municipal employee designated by it. An alternate member shall not serve as Chairman or Vice Chairman of the Planning Board.
g.
Planning Board Attorney. There is created the office of 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 the Borough Attorney. The Board shall not expend an amount, exclusive of gifts or grants, in excess of the amount appropriated by the Council for its use.
h.
Expenses, Experts and Staff. The Borough Council shall make provisions in its budget and appropriate funds for the expenses of the Planning Board. The Planning Board may employ or contract for the services of experts and other staff and services as it may deem necessary. The Planning Board shall not, however, exceed, exclusive of gifts or grants, the amount appropriated by the Borough Council for its use.
i.
Powers and Duties. 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:
1.
To prepare and, after public hearing, adopt or amend a master plan or component parts thereof, to guide the use of lands within the Borough in a manner which protects public health and safety and promotes the general welfare, in accordance with the provisions of N.J.S.A. 40:55D-28;
2.
To administer site plan and land subdivision review in accordance with the provisions of this chapter and N.J.S.A. 40:55D-37 through 59;
3.
To grant exceptions from certain requirements for subdivisions and site plan approval pursuant to N.J.S.A. 40:55D-51;
4.
To approve conditional use applications in accordance with the provisions of this chapter and pursuant to N.J.S.A. 40:55D-67;
5.
To consider and make report to the Borough 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-26(a). The report shall include identification of any provisions in the proposed development regulation, revision or amendment which are inconsistent with the master plan and recommendations concerning these inconsistencies and any other matters as the Board deems appropriate. The Borough Council 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 reason for not following such recommendation. Failure of the Planning Board to transmit its report within the thirty-five-day period provided herein shall relieve the Borough Council from the requirements of this subsection in regard to the proposed development regulation, revision or amendment thereto referred to the Planning Board. Nothing in this section shall be construed as diminishing the application of the provisions of N.J.S.A. 40:55D-32 to any official map or an amendment or revision thereto or of N.J.S.A. 40:55D-62 to any zoning ordinance or any amendment or revision thereto.
6.
To participate in the preparation and review of programs or plans required by State or Federal law or regulations;
7.
To assemble data on a continuing basis as part of a continuing planning process;
8.
To annually prepare a program of municipal capital improvement projects over a term of six years, and amendments thereto, and recommend same to the Borough Council pursuant to the provisions of N.J.S.A. 40:55D-29;
9.
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;
(a)
Variances pursuant to N.J.S.A. 40:55D-70(c);
(b)
Direction pursuant to N.J.S.A. 40:55D-34 for issuance of permit for building or structure in the bed of a mapped street or public drainage way, flood control basin or public area reserved pursuant to N.J.S.A. 40:55D-32;
(c)
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.
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;
10.
Review of capital projects pursuant to N.J.S.A. 40:55D-31;
11.
To perform such other advisory duties as are assigned to it by ordinance or resolution of the Borough Council for the aid and assistance of the Borough Council or other Borough bodies, agencies, or officers;
12.
The Borough Council may, by ordinance, provide for the reference of any matters or class of matters to the Planning Board before final action thereon by a municipal body or municipal officer having final authority hereon except for any matter under the jurisdiction of the Board of Adjustment. 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.
j.
Citizens Advisory Council. The Mayor may appoint one or more persons as a Citizens Advisory Council 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 by the Board. Such person or persons shall serve at the pleasure of the Mayor.
k.
Environmental Commission. Whenever the Environmental Commission has prepared and submitted to the Planning Board as 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.
l.
Simultaneous Review. The Planning Board shall have the power to review and approve or deny conditional uses or site plans simultaneously with review for subdivision approval without the developer being required to make further application to the Planning Board, or the Planning Board being required to hold further hearings. The longest time period for action by the Planning Board, whether it be for subdivision, conditional use or site plan approval, shall apply. Whenever approval of a conditional use is requested by the developer, notice of the hearing on the plat shall include reference to the request for such conditional use.
m.
Referrals from Zoning Board of Adjustment. The Planning Board shall receive and act on all referrals from the Zoning Board of Adjustment in a timely manner so that the Zoning Board will receive the advice of the Planning Board within 45 days of the referral.
The Planning Board shall review the material referred and may make recommendations to the Zoning Board of Adjustment in writing and/or at the public hearing on the application. The Planning Board's recommendations may contain the Planning Board's opinion as to the compatibility of the proposal to the master plan; applications which may have been or are currently being processed by the Planning Board for similar uses; land use, traffic and other data relevant to the application which the Planning Board has in its files, and what conditions, if any, the Planning Board recommend be imposed on the applicant to improve compatibility with the master plan and this chapter should the Zoning Board of Adjustment grant the variance.