Montgomery City Zoning Code
§ 16-7.4
Establishment of a Planning Board.
[Ord. #85-482, S 705; Ord. #89-607, S 11; Ord. #99-959, S 1]
a.
Created; Membership. The Planning Board heretofore created is continued consisting of nine regular and two alternate members of the following four classes:
Class I | The Mayor or the Mayor's designee in the absence of the Mayor |
Class II | One of the officials of the Township other than a member of the governing body to be appointed by the Mayor; provided that the member of the Environmental Commission who is also a member of the Planning Board, shall be deemed to be the Class II Planning Board member in the event that 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. |
Class IV Regular Members | 6 other citizens of the Township to be appointed by the Mayor. The members of Class IV shall hold no other municipal office, position or employment, except that 1 member may be a member of the Zoning Board of Adjustment or Landmarks Commission, and 1 member 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 R.S. 40:56A shall be a Class IV Planning Board member unless there be among the Class IV regular or alternate members of the Planning Board both a member of the Zoning Board of Adjustment or Landmarks Commission, 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. |
Class IV Alternate Members | 2 other citizens of the municipality to be appointed by the Mayor. Alternate member shall meet the qualifications of Class IV regular members and shall be designated by the Mayor at the time of their appointment as "Alternate No. 1" and "Alternate No. 2." |
b.
Terms; Class I, II and III Members. 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 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 as a member of the Environmental Commission, whichever comes first.
c.
Terms of Present Members. All present Class IV members of the Planning Board shall continue in office until the completion of the terms for which they were appointed. 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 or her Class IV term, whichever comes first.
d.
Terms; Class IV Regular Members. The terms of Class IV regular members first appointed pursuant to this chapter 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 that the initial term shall not exceed four years. Thereafter the term of each Class IV regular member shall be four years. All terms shall run from January 1 of the year in which the appointment is made.
e.
Terms; Class IV Alternate Members. The terms of the Class IV 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 any one year; provided, however, that in no instance shall the terms of the alternate members first appointed exceed two years. All terms shall run from January 1 of the year in which the appointment is made.
f.
Discussions and Voting. 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.
g.
Vacancy. 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. Any member other than a Class I member may be removed by the governing body for cause but only after public hearing, if requested, and other requested procedural due process protection.
h.
Selection of Officers. Yearly, the Planning Board shall organize by selecting from among its Class IV regular members a Chairman and a Vice Chairman. The Board shall also select a Secretary who may or may not be a member of the Board or an employee of the Township.
i.
Budget. The governing body, after giving due consideration to budget requests that may be submitted by the Planning Board, shall make provisions in its budget and appropriate funds for the expenses of the Planning Board.
j.
Planning Board Attorney. The office of Planning Board attorney is hereby created. The Planning Board may appoint to such office and fix compensation or rate of compensation of an attorney at law of New Jersey other than the Township attorney.
k.
Experts and Staff. The Planning Board may also employ or contract for and fix the compensation of such experts and other staff and services as it may deem necessary. The Board, however, shall not authorize expenditures which exceed, exclusive of gifts or grants, the amount appropriated by the governing body for its use.