South Amboy City Zoning Code
ARTICLE V
Planning Board
[1]
Editor's Note: See also Article VI, Planning Board to Exercise the Powers of a Board of Adjustment.
§ 53-20 Establishment; membership.
There is hereby established pursuant to P.L. 1975, c. 291 in the City of South Amboy a Planning Board of nine members consisting of the following four classes:
A.
Class I: the Mayor, or the Mayor's designee.
B.
Class II: one of the officials of the municipality, other than a member of the governing body, to be appointed by the Mayor; provided that if there is an Environmental Commission, the member of the Environmental Commission who is also a member of the Planning Board as required by N.J.S.A. 40:56A-1 shall be deemed to be the Class II Planning Board member if there is a member of the Board of Education among the Class IV members.
C.
Class III: a member of the governing body, to be appointed by it.
D.
Class IV: six other citizens of the municipality, to be appointed by the Mayor. The members of Class IV shall hold no other municipal office, except that one 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 N.J.S.A. 40:56A-1 shall be a Class IV Planning Board member unless there be among the Class IV members of the Planning Board 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.
Editor's Note: Pursuant to N.J.S.A. 40:55D-23.3, members and alternate members shall complete a basic course in land use law.
§ 53-21 Terms of members.
A.
The term of the member composing Class I shall correspond with his official tenure, or if the member is the Mayor's designee, the designee shall serve during the Mayor's official tenure. The term 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 a 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 of office as a member of the Environmental Commission, whichever comes first. (N.J.S.A. 40:55D-23)
B.
The term of a Class IV member who is also a member of the 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.
C.
The terms of all Class IV members first appointed pursuant to this chapter shall be so determined that to the greatest practicable extent the expiration of such terms shall be evenly distributed over the first four years after their appointment as determined by resolution of the governing body; provided, however, that no term of any member shall exceed four years, and further provided that nothing herein shall affect the term of any present member of the Planning Board, all of whom shall continue in office until the completion of the term for which they were appointed. Thereafter all Class IV members shall be appointed for terms of four years except as otherwise herein provided. All terms shall run from January 1 of the year in which the appointment was made.
§ 53-22 Alternate members.
[Added 11-8-78 by Ord. No. 1015; Amended 6-16-2010 by Ord. No. 12-2010]
A.
There shall be four alternate members of the Planning Board appointed by the appointing authority and meeting the qualifications of Class IV members of nine-member planning boards. The alternate members shall be designated at the time of appointment 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 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 by the appointing authority for the unexpired term only.
[Amended 6-16-2010 by Ord. No. 12-2010]
B.
No alternate member shall be permitted to act on any matter in which he has, either directly or indirectly, any personal or financial interest. An alternate member may, after public hearing if he requests one, be removed by the governing body for cause.
C.
The 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 first, followed by Alternate No. 2, then followed by Alternate No. 3, and then followed by Alternate No. 4.
§ 53-23 Vacancies.
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.
§ 53-24 Organization of Board.
The Planning Board shall elect a Chairman and Vice Chairman from the members of Class IV and select a Secretary, who may be either a member of the Planning Board or a municipal employee designated by it.
§ 53-25 Planning Board Attorney.
There is hereby created the office of Planning Board Attorney. The Planning Board shall annually appoint, fix the compensation of and agree upon the rate of compensation of the Planning Board Attorney for other than regularly anticipated legal matters, who shall be an attorney other than the Municipal Attorney.
§ 53-26 Experts and staff.
The Planning Board shall also employ or contract for the services of a Planning Consultant and his staff and other services as it may deem necessary. The Board shall not, however, exceed, exclusive of gifts or grants, the amount appropriated by the governing body for it use.
§ 53-27 Powers and duties generally.
[Added 6-16-2010 by Ord. No. 12-2010]
The Planning Board is authorized to adopt bylaws governing its procedural operation. It shall also have the following powers and duties:
A.
To make and adopt and from time to time amend a Master Plan for the physical development of the municipality, including any areas outside its boundaries which in the Board's judgment bear essential relation to the planning of the municipality, in accordance with the provisions of N.J.S.A. 40:55D-28.
B.
To administer the provisions of the Land Subdivision Ordinance and Site Plan Review Ordinance of the municipality in accordance with the provisions of said ordinances and the Municipal Land Use Law of 1975, N.J.S.A. 40:55D-1 et seq.
C.
To participate in the preparation and review of programs or plans required by state or federal law or regulations.
D.
To assemble data on a continuing basis as part of a continuous planning process.
E.
To annually prepare a program of municipal capital improvement projects projected over a term of six years, and amendments thereto, and recommend same to the governing body.
F.
To consider and make report to the governing body within 35 days after referral as to any proposed development regulation submitted to it pursuant to the provisions of N.J.S.A. 40:55D-26a, and also pass upon other matters specifically referred to the Planning Board by the governing body pursuant to the provisions of N.J.S.A. 40:55D-26b.
G.
When reviewing applications for approval of subdivision plats, site plans or conditional uses, to grant, to the same extent and subject to the same restrictions as the Zoning Board of Adjustment:
(1)
Variances, pursuant to Subsection 57c of Chapter 291 of the Laws of 1975, N.J.S.A. 40:55D-70c, from lot area, lot dimensional setback and yard requirements, provided that such relief from lot area requirements shall not be granted for more than one lot.
(2)
Direction, pursuant to Section 25 of said Act, N.J.S.A. 40:55D-34, 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 Section 23 of said Act, N.J.S.A .40:55D-32.
(3)
Direction, pursuant to Section 27 of said Act, N.J.S.A. 40:55D-36. for issuance of a permit for a building or structure not related to a street.
Whenever relief is requested pursuant to this subsection, notice of a 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.
H.
To 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.
I.
To exercise, to the same extent and subject to the same restrictions, all powers of a Board of Adjustment; but the Class I and the Class III Members shall not participate in the consideration of applications for development which involve relief pursuant to subsection d of Section 57 of P.L. 1975, c. 291, N.J.S.A. 40:55D-70.
§ 53-28 Time for approval; expiration of approval.
A.
Minor subdivisions. Minor subdivision approvals shall be granted or denied within 45 days of the date of submission of a complete application to the Planning Board or within such further time as may be consented to by the applicant. Approval of a minor subdivision shall expire 190 days from the date of Planning Board approval unless within such period a plat in conformity with such approval and the provisions of the Map Filing Law, (N.J.S.A. 46:26B-1 et seq.) or a deed clearly describing the approved minor subdivision, is filed by the developer with the County Recording Officer, the Municipal Engineer and the Municipal Tax Assessor. Any such plat or deed must be signed by the Chairman and Secretary of the Planning Board before it will be accepted for filing by the County Recording Officer.
B.
Preliminary approval of major subdivisions. Upon submission of a complete application for a subdivision of 10 or fewer lots, the Planning Board shall grant or deny preliminary approval within 45 days of the date of such submission or within such further time as may be consented to by the developer. Upon submission of a complete application for a subdivision of more than 10 lots, the Planning Board shall grant or deny preliminary approval within 95 days of the date of such submission or within such further time as may be consented to by the developer. Otherwise, the Planning Board shall be deemed to have granted preliminary approval for either size subdivision.
C.
Ancillary powers. Whenever the Planning Board is called upon to exercise its ancillary powers before the granting of a variance as set forth in Section 53-27G, the Planning Board shall grant or deny approval of the application within 120 days after submission by the developer of a complete application 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 administrative officer as to the failure of the Planning Board to act shall be issued on request of the applicant.
D.
Final approval. Application for final subdivision approval shall be granted or denied within 45 days of submission of a complete application or within such further time as may be consented to by the applicant. Final approval of a major subdivision shall expire 95 days from the date of signing of the plat unless within such period the plat shall have been duly filed by the developer with the county recording officer. The Planning Board may, for good cause shown, extend the period for recording for an additional period not to exceed 190 days from the date of signing of the plat.
§ 53-29 Application procedure.
[Amended 4-3-85 by Ord. No. 1125]
Applications for development within the jurisdiction of the Planning Board pursuant to the provisions of P.L. 1975, c. 291, N.J.S.A. 40:55D-1, shall be filed with the Secretary of the Planning Board. Applicant shall file 20 copies of a sketch plat; 20 copies of an application for minor subdivision approval; 20 copies of drawings and an application for major subdivision approval; or 20 copies of an application for site plan review or conditional use approval. At the time of filing the application, the applicant shall also file all plot plans, maps or other papers required by virtue of any provision of this chapter or any rule of the Planning Board. The applicant shall obtain all necessary forms from the Secretary of the Planning Board. The Secretary of the Board shall inform the applicant of the steps to be taken to initiate applications and of the regular meeting dates of the Board. See Article IX and Article X, Section 53-54, for fees and document requirements.
§ 53-30 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.
§ 53-31 Environmental Commission.
Whenever the Environmental Commission has prepared and submitted to the Planning Board an index of the natural resources of the municipality, the Planning Board shall make available to the Environmental Commission an informational copy of every application for development to the Planning Board. Failure of the Planning Board to make such informational copy available to the Environmental Commission shall not invalidate any hearing or proceeding.
§ 53-32 Rules and regulations.
The Board shall adopt such rules and regulations as may be necessary to carry into effect the provisions and purposes of this chapter. In the issuance of subpoenas, administration of oaths and taking of testimony, the provisions of the County and Municipal Investigations Law of 1953 (N.J.S.A. 2A:67A-1 et seq.) shall apply.
