Port Republic City Zoning Code
ARTICLE VI
Planning Board
§ 160-60 Establishment.
A.
A Planning Board is hereby established pursuant to the provisions of the New Jersey Municipal Land Use Law, N.J.S.A. 40:55D-23 et seq.
B.
Pursuant to the Municipal Land Use Law, N.J.S.A. 40:55D-25c(1), the Planning Board shall exercise, to the same extent and subject to the same restrictions, all the powers and duties of a Board of Adjustment as set forth in the Municipal Land Use Law and herein.
[Added 3-14-2006 by Ord. No. 01-2006]
§ 160-61 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:
[Amended 3-14-2006 by Ord. No. 01-2006]
(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.
(4)
Class IV: six other citizens of the municipality, to be appointed by the Mayor, and members of Class IV shall hold no other municipal office.
B.
Not more than two alternate members may be appointed by the Mayor, and such alternate members shall meet the qualifications of Class IV members of nine-member planning boards set forth in N.J.S.A. 40:55D-23. Alternate members shall be designated at the time of appointment by the Mayor as "Alternate No. I" and "Alternate No. II."
[Amended 3-12-1985 by Ord. No. 47-1985]
§ 160-62 Terms of office; removal.
A.
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 terms of all Class IV members 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. 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 in the alternate members occurring otherwise than by expiration of term shall be filled by the Mayor for the unexpired term only.
[Amended 3-12-1985 by Ord. No. 47-1985]
B.
No member or alternate 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 or alternate 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 3-12-1985 by Ord. No. 47-1985]
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 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.
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.
[Added 3-12-1985 by Ord. No. 47-1985]
E.
Pursuant to the Municipal Land Use Law, N.J.S.A. 40:55D-25c(1), Class I and Class III members of the Planning Board shall not participate in the consideration of applications for development which involve relief pursuant to N.J.S.A. 40:55D-70d and § 160-64D herein.
[Added 3-14-2006 by Ord. No. 01-2006]
§ 160-63 Organization.
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 City 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 governing body for its use.
§ 160-64 Powers and duties.
A.
The Planning Board shall follow the provisions of this chapter and shall accordingly exercise its power in regard to:
(1)
The Master Plan pursuant to Article X.
(2)
Subdivision control and site plan review pursuant to Articles VIII and XII.
(3)
The Official Map pursuant to Article IX.
(4)
The zoning districts, including conditional uses, pursuant to Article V.
(5)
Variances and certain building permits in conjunction with subdivision, site plan and conditional use approval pursuant to § 160-65.
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 governing body for the aid and assistance of the governing body or other agencies or officers.
C.
The Planning Board shall exercise all the powers and perform all the duties set forth in § 160-148 respecting Historic Resource Preservation in the Pinelands Area.
[Added 9-11-1990 by Ord. No. 08-1990]
D.
The Planning Board shall exercise all of the powers and duties of a Board of Adjustment, consistent with the provisions of this chapter and the New Jersey Municipal Land Use Law, and is specifically empowered to do the following:
[Added 3-14-2006 by Ord. No. 01-2006]
(1)
Hear and decide appeals where it is alleged by the appellant that there is error in any order, requirement, decision or refusal made by the administrative officer or Code Enforcement Officer based on or made in the enforcement of Article V of this chapter.
(2)
Hear and decide, in accordance with the provisions of this chapter, requests for interpretation of the Zoning Map or the Zoning Article of this chapter or for decisions upon other special questions upon which such Board is authorized to pass by any Zoning Article of this chapter.
(3)
Where, by reason of exceptional narrowness, shallowness or shape of a specific piece of property, or by reason of exceptional topographic conditions or by reason of other extraordinary and exceptional situations or condition of such piece of property, the strict application of any regulation pursuant to Article V of this chapter would result in peculiar and exceptional practical difficulties to, or exceptional and undue hardship upon, the developer of such property, grant, upon an application or appeal relating to such property, a variance from such strict application of such regulation so as to relieve such difficulties or hardships, including a variance for a conditional use; provided, however, that no variance shall be granted under this subsection to allow a structure or use in a district restricted against such structure or use.
(4)
In particular cases and for special reasons, grant a variance to allow departure from regulations pursuant to Article V of this chapter, including but not limited to allowing a structure or use in a district restricted against such structure or use, but only by affirmative vote of at least five members of the municipal agency.
E.
No variance or other relief may be granted under the terms of this section unless such variance or other relief can be granted without substantial detriment to the public good and will not substantially impair the intent and purpose of the zone plan and this chapter. An application under this section may be referred to any appropriate person or agency for its report, provided that such reference shall not extend the period of time within which the Planning Board shall act.
[Added 3-14-2006 by Ord. No. 01-2006]
§ 160-65 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 § 54-41C[1] of this chapter.
[Amended 2-12-1980]
[1]
Editor's Note: Original § 54-41C of Ch. 54 of the 1982 Code was repealed 3-14-2006 by Ord. No. 01-2006.
(2)
Direction, pursuant to § 160-109 of this chapter, for issuance of a permit for a building or structure not related to a street.
(3)
Direction, pursuant to § 160-109 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 this chapter, as may be amended from time to time.
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.
§ 160-66 Time limit for action on applications.
[Added 2-12-1980]
Whenever an application for approval of a subdivision plat, site plan or conditional use includes a request for relief pursuant to § 160-65 of this chapter, the Planning Board shall grant or deny approval of the application within 95 days after submission by a developer of a complete application to the City Clerk or within such further time as may be consented to by the applicant. Failure of the Planning Board to act within the period prescribed shall constitute approval of the application, and a certificate of the City Clerk as to the failure of the Planning Board to act shall be issued on request of the applicant and it shall be sufficient in lieu of the written endorsement or other evidence of approval required and shall be so accepted by the county recording officer for purposes of filing subdivision plats.
§ 160-67 Referral powers.
A.
Prior to the adoption of any revision of or amendment to this chapter, the Planning Board shall make and transmit to the governing body, within 35 days after referral from the governing body, a report, including recommendations, concerning the proposed revision or amendment. The governing body, when considering the adoption of such revision or amendment, 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 revision or amendment.
B.
Prior to the hearing on adoption of an ordinance providing for Planning Board approval of either subdivisions or site plans, or both, or amendment thereto, the governing body shall refer any such proposed ordinance or amendment thereto to the Planning Board pursuant to Subsection A of this section.
§ 160-68 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.[1]
[1]
Editor's Note: Original Art. VI, Zoning Board of Adjustment, as amended, which immediately followed this section, was repealed 3-14-2006 by Ord. No. 01-2006.