Plainfield City Zoning Code
ARTICLE II
Planning Board
§ 17:2-1 Establishment.
[MC 2002-29 § 17:2-1, December 2, 2002]
The Planning Board previously established is hereby continued pursuant to the Municipal Land Use Law. (N.J.S.A. 40:55D-1, et seq.)
§ 17:2-2 Membership.
[MC 2002-29 § 17:2-2, December 2, 2002]
The Planning Board shall consist of nine (9) members of the following four (4) classes:
A.
Class I - The Mayor or the Mayor's designee in the absence of the Mayor. Such appointment shall be made in writing to the Planning Board Secretary and filed subsequently in the office of the City Clerk.
B.
Class II - One (1) of the officials of the City other than a member of the City Council, to be appointed by the Mayor, with the advice and consent of the Plainfield City Council.
C.
Class III - A member of City Council appointed by the City Council.
D.
Class IV - Six (6) other citizens of the City to be appointed by the Mayor with the advice and consent of the Plainfield City Council. The members of Class IV shall hold no other municipal office except that one (1) member may be a member of the Zoning Board of Adjustment, and one (1) member may be a member of the Board of Education, and one (1) member may be a member of the Historic Preservation Commission.
E.
Alternates - Two (2) alternate members shall be appointed by the Mayor with the advice and consent of the City Council 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" and "Alternate No. 2." 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.
§ 17:2-3 Terms of office.
[MC 2002-29 § 17:2-3, December 2, 2002]
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 (1) year or terminate at the completion of the respective terms of office.
C.
The term of a Class IV member who is also a member of the Board of Adjustment or the Board of Education shall terminate whenever such-member is no longer a member of such other body or at the completion of his or her Class IV term, whichever occurs first.
D.
The terms of all Class IV members shall be four (4) years. .
E.
The terms of the alternate members shall be for two (2) years, except that the terms of the alternate members shall be such that the term of not more than one (1) alternate member shall expire in any one (1) year.
F.
All terms shall run from January 1 of the year in which the appointment is made.
G.
Nothing herein shall affect the term of any member of the Planning Board at the time of the adoption of this chapter, all of whom shall continue in office until the completion of the terms for which they were appointed.
H.
If a vacancy in any class shall occur otherwise than by expiration of term, it shall be filled by appointment for the unexpired term only.
§ 17:2-4 Conflicts of interest.
[MC 2002-29 § 17:2-4, December 2, 2002]
No member of the Planning Board shall be permitted to act on any matter in which the member has, either directly or indirectly, any personal or financial interest. Whenever any such member shall disqualify himself from acting on a particular matter, such member shall not continue to sit with the Board on the hearing of such matter and shall not participate in any discussion or decision relating thereto as a member of the Board. Any member of the Board, other than a Class I member, after a public hearing if such member requests one, may be removed by the City Council for cause.
§ 17:2-5 Substitute members when conflicts exist.
[MC 2002-29 § 17:2-5, December 2, 2002]
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. Zoning Board members shall be called 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.
§ 17:2-6 Organization.
[MC 2002-29 § 17:2-6, December 2, 2002]
The Planning Board shall elect a Chair and a Vice-Chair from the members of Class IV, select a Secretary who may be a member of the Planning Board or a City employee designated by it, and create and fill such other offices as established by chapter at an annual reorganization meeting in January of each year.
§ 17:2-7 Employees and consultants.
[MC 2002-29 § 17:2-7, December 2, 2002]
A.
There is hereby created the office of Planning Board Attorney. The Planning Board shall 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 City Council. The Board Attorney shall not be the City Attorney.
B.
The Planning Board may employ or contract for the services of licensed planning consultants, 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 City Council for its use.
§ 17:2-8 Powers and duties.
[MC 2002-29 § 17:2-8, December 2, 2002]
A.
B.
The Planning Board shall:
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 City Council for the aid and assistance of the City Council 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 City Council for the aid and assistance of the City Council or other agencies or offices.
§ 17:2-9 Ancillary powers.
[MC 2002-29 § 17:2-9, December 2, 2002]
The Planning Board, when reviewing applications for development, including applications for approval of subdivision plats or site plans, shall have the power to grant or deny, to the same extent and subject to the same restrictions as the Board of Adjustment the following:
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 a permit for a building or structure not related to a street, 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.
§ 17:2-10 Referral powers.
[MC 2002-29 § 17:2-10, December 2, 2002]
A.
Prior to the adoption of a development regulation, or revision or amendment thereto, the City Council shall refer any amendment to the Planning Board. The Planning Board shall make and transmit to the City Council, within thirty-five (35) days after referral, a report including recommendations concerning the proposed development regulation, revision or amendment to ensure consistency with the master plan and other matters the Board deems appropriate.
B.
The City 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 (35) day period provided herein shall relieve the City Council from the requirements of this section in regard to the proposed development regulation, revision, or amendment thereto referred to the Planning Board.