Lopatcong Township City Zoning Code
ARTICLE IV
Planning Board
§ 243-10 Establishment; continuation of former Board.
§ 243-11 Membership.
A.
The Planning Board shall consist of nine members. For convenience in designating the manner of appointment, the membership shall consist of and be divided into the following four classes:
B.
The members of Class IV shall hold no other Township office, except that:
C.
Alternate members.
(1)
The Mayor may appoint to the Planning Board not more than two alternate members, who shall meet the qualifications of Class IV members. 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 for the unexpired term only.
(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.
§ 243-12 Terms; vacancies; restricted actions; removal; extended hearings.
A.
The term of the member composing Class I shall correspond to his official tenure. The terms of the members composing Classes II and III shall be for one year or shall 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 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 chapter 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. 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.
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 Township Council for cause.
[Amended 2-19-1992 by Ord. No. 1992-02]
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.
§ 243-13 Organization.
[Amended 2-19-1992 by Ord. No. 1992-02]
The Planning Board shall elect a Chairman and Vice Chairman from the members of Class IV and select a Secretary, who may or may not be a member of the Planning Board or a municipal employee. It may employ or contract for and fix the compensation of legal counsel, other than the Township Attorney, a planning consultant, a civil engineer and other staff and services as it may deem necessary, not exceeding, exclusive of gifts or grants, the amount appropriated by the Township Council for its use.
§ 243-14 Powers generally.
A.
The Planning Board shall follow the provisions of this chapter and shall accordingly exercise its power 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 the Township Council or other agencies or officers.
[Amended 2-19-1992 by Ord. No. 1992-02]
§ 243-15 Power to grant variances.
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, variances permitted by N.J.S.A. 40:55D-60 of the New Jersey Municipal Land Use Law.
B.
Whenever relief is requested pursuant to this section, notice of hearing on the application for development shall include a reference to the request for a variance or direction for the issuance of a permit, as the case may be.
§ 243-16 Referral powers.
[Amended 2-19-1992 by Ord. No. 1992-02]
A.
Prior to the adoption of a development regulation, revision or amendment thereto, the Planning Board shall make and transmit to the Township Council, within 35 days after referral, a report, including 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 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 recommendation. 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, revisions or amendment thereto referred to the Planning Board.
B.
Prior to the hearing on adoption of an ordinance providing for Planning Board approval of either subdivisions or site plans, or both, or any amendment thereto, the Township Council shall refer any such proposed ordinance or amendment thereto to the Planning Board pursuant to Subsection A of this section.
§ 243-16.1 GIS fees.
[Added 2-1-2006 by Ord. No. 2006-2]
The following fees are to be paid in compliance with the GIS fees:
A.
Planning Board applications: $50.
§ 243-16.2 Members of Board of Adjustment to serve when Planning Board lacks quorum.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
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 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 Chair of the Board of Adjustment shall make the choice.