Garwood City Zoning Code
ARTICLE II
Planning Board
§ 106-32 Establishment.
[Amended 10-23-2001 by Ord. No. 01-18]
The Planning Board previously established is hereby continued pursuant to the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.). Pursuant to N.J.S.A. 40:55D-25(c)(1), the Planning Board shall exercise, to the same extent and subject to the same restrictions, all the powers of a Board of Adjustment; provided, however, that the Class I and Class III members shall not participate in the consideration of applications for development which involve relief pursuant to N.J.S.A. 40:55D-70(d).
§ 106-33 Membership.
[Amended 2-25-1997 by Ord. No. 97-03; 10-23-2001 by Ord. No. 01-18]
The Planning Board shall consist of nine members of the following four classes:
A.
Class I. The Mayor or the Mayor's designee in the absence of the Mayor. The Mayor may appoint a designee to sit in the absence of the Mayor. The Mayor may make such appointment by designating a person to sit in the Mayor's absence. Such appointment shall be made in writing and filed in the office of the Municipal Clerk.
B.
Class II. One of the officials of the Borough other than a member of the Governing Body, to be appointed by the Mayor.
C.
Class III. A member of Borough Council to appointed by the governing body.
D.
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, except that one member may be a member of the Board of Education, and one member may be a member of the Historic Preservation Commission if one is created. The member of the Environmental Commission, if one is created, 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.
E.
Alternates. Four alternate members shall be appointed by the Mayor for Class IV members and shall meet the qualifications of Class IV members. Alternate members shall be designated at the time of appointment as "Alternate No. 1," "Alternate No. 2," "Alternate No. 3," and "Alternate No. 4." Alternate members may participate in discussions of the Board 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, then Alternate No. 2 shall vote, then Alternate No. 3 shall vote and then Alternate No. 4 shall vote.
§ 106-34 Terms of office.
[Amended 2-25-1997 by Ord. No. 97-03; 10-23-2001 by Ord. No. 01-18]
A.
The term of the Mayor composing Class I shall correspond with his or her official tenure. The term of any person appointed as the Mayor's designee to sit in the Mayor's place and stead shall serve at the pleasure of the Mayor and such designee's term of office shall terminate automatically at the conclusion of the official tenure of the Mayor appointing such designee.
B.
The terms of the members composing Class II and Class III shall be for one year or terminate at the completion of the respective terms of office, whichever occurs first except for a Class II member who is also a member of the Environmental Commission, if one is created.
C.
The term of a Class II or Class IV member who is also a member of the Environmental Commission shall be for three years or terminate at the completion of his/her term of office as a member of the Environmental Commission, whichever occurs first.
D.
The term of a Class IV member who is also a member of the Planning Board or the Board of Education shall terminate whenever he or she is no longer a member of such other body or at the completion of his or her Class IV term, whichever occurs first.
[Amended 12-10-2002 by Ord. No. 02-28]
E.
The terms of all Class IV members shall be four years.
F.
The terms of the alternate members shall be for two years, except that the terms of the alternate members shall be such that the terms of not more than two alternate members shall expire in any one year. The terms of Alternates 1 and 3 shall expire one year and the terms of Alternates 2 and 4 shall expire in another year.
G.
All terms shall run from January 1 of the year in which the appointment is made.
H.
Nothing herein shall affect the term of any present member or alternate of the Planning Board, all of whom shall continue in office until the completion of the terms for which they were appointed.
§ 106-35 Vacancies.
If a vacancy in any class shall occur otherwise than by expiration of term, it shall be filled by appointment as above for the unexpired term only.
§ 106-36 Conflicts of interest.
No member of the Planning Board shall be permitted to act on any matter in which he/she has, either directly or indirectly, any personal or financial interest. Whenever any such member shall disqualify himself from acting on a particular matter, he shall not continue to sit with the Board on the hearing of such matter and not participate in any discussion or decision relating thereto. Any member of the Board, other than a Class I member, after a public hearing if he requests one, may be removed by the governing body for cause.
§ 106-37 (Reserved) [1]
[1]
Editor's Note: Original Section 22-105, Substitute members when conflicts exist, was repealed 10-23-2001 by Ord. No. 01-18.
§ 106-38 Citizens Advisory Committee; Environmental Commission.
A.
The Mayor may appoint one or more persons as a Citizen's 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 other action required by the Board. Such person or persons shall serve at the pleasure of the Mayor.
B.
Upon creation of an Environmental Commission and its preparation and submission to the Planning Board of an index of the natural resources of the Borough, the Planning Board shall make available to the Environmental Commission an informational copy of every application for development submitted 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 10-23-2001 by Ord. No. 01-18]
§ 106-39 Organization.
The Planning Board shall elect a Chairman and a Vice Chairman from the members of Class IV, select a Secretary who may be a member of the Planning Board or a Borough employee designated by it, and create and fill such other offices as established by ordinance at an annual reorganization meeting in January of each year.
§ 106-40 Employees.
A.
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. Such compensation shall be within the appropriation made by the governing body. The Board Attorney shall not be the Borough Attorney.
B.
The Planning Board may employ or contract for the services of a licensed planning consultant, a licensed engineer, and other staff and services as it may deem necessary, not exceeding, exclusive of gifts, grants, or professional service fees, the amount appropriated by the Borough Council for its use.
§ 106-41 Rules and regulations.
The Board shall adopt, and from time to time amend, reasonable rules and regulations consistent with N.J.S.A. 40:55D-1 et seq. and other statutes and ordinances, as may be necessary to carry into effect the provisions and purposes of this chapter and for the administration of their respective functions, powers and duties. Copies of such rules and regulations and amendments thereto shall be maintained in the Borough Clerk's office, and shall be furnished upon request to any person, for which a reasonable fee may be charged in accordance with Borough regulations. The provisions of the County and Municipal Investigations Law (N.J.S.A. 2A:67A-1 et seq.) shall apply in the issuance of subpoenas, administration of oaths, and taking of testimony.
§ 106-42 Powers and duties.
A.
The Planning Board shall follow the provisions of this chapter and the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.) and shall accordingly exercise its powers in regard to:
B.
The Planning Board may:
(1)
Participate in the preparation and review of programs or plans required by state or federal law or regulations.
(2)
Assemble data on a continuing basis as part of a continuous planning process.
(3)
Perform such other advisory duties as are assigned to it by ordinance or resolution of Borough Council for the aid and assistance of the governing body or other agencies or offices.
C.
The Planning Board may adopt bylaws governing its procedural operations.
D.
The Planning Board shall 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 offices.
§ 106-43 Additional powers and duties.
[Amended 10-23-2001 by Ord. No. 01-18]
Pursuant to N.J.S.A. 40:55D-25(c)(1) the Planning Board shall exercise, to the same extent and subject to the same restrictions, all the powers of a Board of Adjustment.
§ 106-44 Referral powers.
A.
Prior to the adoption of a development regulation, or revision or amendment thereto, the Planning Board shall make and transmit to the Borough Council, within 35 days after referral, a report, including recommendations concerning the proposed development regulation, revision or amendment.
B.
The Borough Council, when considering the adoption of a development regulation or 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 Borough Council from the requirements of this section in regard to the proposed development regulation, revision, or amendment thereto referred to the Planning Board.
§ 106-45 Compensation.
All Board members shall serve without compensation.