Shamong City Zoning Code
ARTICLE II
Planning Board
§ 110-39 Establishment.
[Amended 3-4-2008 by Ord. No. 2008-004]
A Planning Board is hereby established pursuant to the provisions of N.J.S.A. 40:55D-23 and 25c. The Board may be referred to as the "Planning Board" or the "Joint Land Use Board."
§ 110-40 Membership.
[Amended 5-5-1998 by Ord. No. 1998-5; 3-4-2008 by Ord. No. 2008-004]
A.
The Planning Board shall consist of nine members. For convenience in designating the appointment, the membership shall consist of and be divided into the following three classes:
(1)
Class I: the Mayor; the Mayor's designee in the absence of the Mayor.
(2)
Class II: one of the officials of the Township, to be appointed by the Mayor.
(3)
Class III: a member of the governing body, selected by the governing body.
(4)
Class IV: other citizens of the Township, to be appointed by the Mayor.
B.
Members of Class IV shall hold no other Township office.
§ 110-41 Terms of office; removal; alternate members.
[Amended 3-4-2008 by Ord. No. 2008-004]
A.
The term of the member composing Class I shall correspond to his or her official tenure. The terms of the members composing Class II shall be for one year or terminate at the completion of their respective terms of office, whichever occurs first. The term of the Class III member shall be for one year or the termination of his or her office, 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. 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.
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 Committee for cause.
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.
D.
Four alternate members are hereby authorized for appointment to the Planning Board. Said alternate members shall be appointed by the Mayor and shall meet the qualifications of Class IV members of a nine-member Planning Board. Alternate members shall be designated at the time of appointment by the Mayor as "Alternate No. 1," "Alternate No. 2," "Alternate No. 3," and "Alternate No. 4." The terms of the alternate members shall be for two years, except that the terns of the alternate members shall be such that the term of not more than two alternate members 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 Mayor for the unexpired term only. 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. In the event that a choice must be made as to which alternate member is to vote, Alternate No. 1 shall vote first and each alternate shall vote as needed based upon their number in chronological order.
[Amended 3-2-2021 by Ord. No. 2021-5]
§ 110-42 Organization.
[Amended 3-4-2008 by Ord. No. 2008-004]
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 Committee for its use.
§ 110-43 Powers.
[Amended 3-4-2008 by Ord. No. 2008-004]
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; and
(3)
Perform such other advisory duties as are assigned to it by ordinance or resolution of the Township Committee for the aid and assistance of the Township Committee or other agencies or officers.
§ 110-44 Ancillary powers.
[Amended 3-4-2008 by Ord. No. 2008-004]
The Planning Board shall operate as a Joint Land Use Board, vested with all the powers of a Planning Board and a Zoning Board of Adjustment, pursuant to N.J.S.A. 40:55D-25c.
§ 110-45 Referral powers.
Prior to the adoption of a development regulation, revision, or amendment thereto, the Planning Board shall make and transmit to the Township Committee, within 35 days after referral, a report including recommendations concerning the proposed development regulation, revision or amendment. The Township Committee, 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 Township Committee from the requirements of the section in regard to the proposed development regulation, revision or amendment thereto referred to the Planning Board.
§ 110-46 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.