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Lawnside City Zoning Code

ARTICLE II

Planning Board

§ 96-19 Establishment.

[Amended 5-1-1985 by Ord. No. 3-1985]
Pursuant to the provisions of N.J.S.A. 40:55D-23, a Planning Board to consist of seven members is hereby created.

§ 96-20 Membership.

[Amended 5-1-1985 by Ord. No. 3-1985]
A. 
The members constituting said Planning Board shall consist of the following:
(1) 
Class I: the Mayor.
(2) 
Class II: one of the officials of the municipality other than a member of the governing body, to be appointed by the Mayor.
(3) 
Class III: a member of the governing body, to be appointed by it, except that no member for Class III shall be appointed to the Planning Board if the governing body consists of only three members.
(4) 
Class IV: four other citizens of the municipality, to be appointed by the Mayor.
B. 
The members of Class IV shall hold no other municipal office, except that in the case of nine-member boards, one such member may be a member of the Zoning Board of Adjustment. No member of the Board of Education may be a Class IV member of the Planning Board, except that in the case of a nine-member board, one Class IV member may be a member of the Board of Education.

§ 96-21 Compensation; terms of office.

A. 
All members of the Board and alternate members shall serve without compensation. The term of the member composing Class I shall correspond to 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. 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 terms of all Class IV members first appointed under this Act[1] shall be so determined that to the greatest practicable extent the expiration of such terms shall be distributed evenly over the first four years after their appointment, provided that the initial Class IV term of no member shall exceed four years. Thereafter, the Class IV term of each such member shall be four years. If a vacancy in any class shall occur otherwise than by expiration of the Planning Board term, it shall be filled by appointment, as above provided, for the unexpired term.
[Amended 5-1-1985 by Ord. No. 3-1985]
[1]
Editor's Note: "This Act" refers to the Municipal Land Use Law. N.J.S.A. 40:55D-1 et seq.
B. 
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. 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.
[Amended 5-1-1985 by Ord. No. 3-1985]
C. 
When any hearing before a Planning Board shall carry over two or more meetings, a member of the Board who was absent for one or more of the meetings shall be eligible to vote on the matter upon which the hearing was conducted, notwithstanding his absence from one or more of the meetings; provided, however, that such Board member has available to him a transcript or recording of the meeting from which he was absent and certifies in writing to the Board that he has read such transcript or listened to such recording.

§ 96-21.1 Alternate members.

[Added 5-1-1985 by Ord. No. 3-1985]
A. 
In addition to its presently authorized membership under N.J.S.A. 40:55D-23, there shall be two alternate members, as authorized by N.J.S.A. 40:55D-23.1, added to the Planning Board.
B. 
Alternate members shall be appointed by the appointing authority for Class IV members and shall meet the qualifications of Class IV members of nine-member planning boards. Alternate members shall be designated at the time of appointment by the Mayor as "Alternate No. 1" and "Alternate No. 2." 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.
C. 
No alternate member shall be permitted to act on any matter in which he has, either directly or indirectly, any personal or financial interest. An alternate member may, after public hearing if he requests one, be removed by the governing body for cause.
D. 
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.

§ 96-22 Organization.

[Amended 5-1-1985 by Ord. No. 3-1985]
The Planning Board shall elect a Chairman and Vice Chairman from the members of Class IV, select a Secretary, who may or may not be a member of the Planning Board or a municipal employee, and create and fill such other offices as are established by ordinance. It may employ or contract for and fix the compensation 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.

§ 96-23 Powers and duties.

[Amended 5-1-1985 by Ord. No. 3-1985]
A. 
The Planning Board shall follow the provisions of this Act[1] and shall accordingly exercise its power in regard to:
(1) 
The Master Plan pursuant to Article 3, N.J.S.A. 40:55D-28 et seq.
(2) 
Subdivision control and site plan review pursuant to Article 6, N.J.S.A. 40:55D-37 et seq.
(3) 
The Official Map pursuant to Article 5, N.J.S.A. 40:55D-32 et seq.
(4) 
The Zoning Ordinance, including conditional uses, pursuant to Article 8, N.J.S.A. 40:55D-62 et seq.
(5) 
The capital improvements program pursuant to Article 4, N.J.S.A. 40:55D-29 et seq.
(6) 
Variances and certain building permits in conjunction with subdivision, site plan and conditional use approval pursuant to Article 7, N.J.S.A. 40:55D-60 et seq.
[1]
Editor's Note: "This Act" refers to the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.
B. 
The Planning Board may:
(1) 
Participate in the preparation and review of programs or plans required by state or federal law or regulation.
(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 the governing body for the aid and assistance of the governing body or other agencies or officers.

§ 96-24 Ancillary powers.

A. 
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 § 96-62A(3) of this chapter, from lot area, lot dimensional, setback and yard requirements, provided that relief pursuant to this subsection from lot area requirements shall not be granted for more than one lot.
(2) 
Direction, pursuant to § 96-35 of this chapter, for issuance of a permit for a building or structure not related to a street.
(3) 
Direction, pursuant to § 96-33 of this chapter, 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 § 96-32 of this chapter.
B. 
Whenever relief is requested pursuant to this section, notice of the 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.

§ 96-25 Referrals and reports.

[Amended 5-1-1985 by Ord. No. 3-1985]
A. 
Prior to the adoption of a development regulation, revision or amendment thereto, the Planning Board shall make and transmit to the governing body, within 35 days after referral, a report including recommendations concerning the 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 in regard to the proposed development regulation, revision or amendment thereto referred to the Planning Board.
B. 
The governing body 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 this Act[1] to another municipal body, such recommendation may be rejected only by a majority of the full authorized membership of such other body.
[1]
Editor's Note: "This Act" refers to the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.

§ 96-26 Citizens' Advisory Committee.

The Mayor may appoint one or more persons as a Citizens' 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 of the Board. Such person or persons shall serve at the pleasure of the Mayor.