Union Township City Zoning Code
§ 30-11.1
Establishment of the Planning Board.
[Ord. No. 85-9, § 1100; Ord. No. 98-2, § I]
a.
Establishment; Name. The Planning Board heretofore created by the Township is continued and is hereby established pursuant to the Municipal Land Use Law as the Planning Board for the municipality.
b.
Composition. The Planning Board shall consist of nine members who shall be divided into four classes for convenience in designating their manner of appointment, as follows:
1.
Class I: The Mayor, or the Mayor's designee in the absence of 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, 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 P.L. 1976, c. 245 (N.J.S.A. 40:56A-1), shall be deemed to be the Class II Planning Board member for purposes of this chapter in the event that there is among the Class IV members of the Planning Board both a member of the Board of Adjustment and a member of the Board of Education.
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. The members of Class IV shall hold no other municipal office, position or employment, except that one such member may be a member of the Historic Preservation Commission. One Class IV member may be a member of the Board of Education. If there is an Environmental Commission, the member of the Planning Board, as required by Section I of P.L. 1968, c. 245 (N.J.S.A. 40:56A-1), shall be a Class IV Planning Board member, unless there is among the Class IV or alternate members of the Planning Board both a member of the Historic Preservation Commission and a member of the Board of Education, in which case the member common to the Planning Board and Municipal Environmental Commission shall be deemed a Class II member of the Planning Board. For the purpose of this section, membership on a municipal board or commission whose function is advisory in nature, and the establishment of which is discretionary and not required by statute, shall not be considered the holding of municipal office.
c.
Terms of Office; Vacancies. 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 term of the class IV member who is also a member of the Environmental Commission shall be for three years or terminate at the completion of his or her term of office as a member of the Environmental Commission, whichever comes first. The term of each Class IV 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. Any member other than a Class I member, after a public hearing if he requests one, may be removed by the governing body for cause.
d.
Alternate Members.
1.
There shall be one alternate member in Class II, one in Class III and two in Class IV. Alternate members of Classes II and III shall be appointed for terms to expire at the same time as the terms of regular members of their respective classes. Alternate members of Class IV shall serve for terms of two years. Such alternate members shall be designated by the Chairman as "Alternate No. 1" and "Alternate No. 2" and shall serve in rotation during the absence or disqualification of any regular member or members of Class IV. Alternate members of each class shall be appointed by the same appointment authority as regular members of that class.
2.
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.
3.
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.
e.
Absence of Member from Hearing. When any hearing before the 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 and certified in writing that the transcript was read or recording listened to.
f.
Service Without Compensation. Members of the Planning Board shall serve without salary but may be paid expenses incurred in the performance of duties.
g.
Conflict of Interest. No member shall be permitted to act on any matter in which he has, directly or indirectly, any personal or financial interest.
h.
Officers. The Planning Board shall elect a Chairman and a Vice Chairman from the members of Class IV. Their terms of office shall each be one year, and they shall be eligible for re-election. The Board shall also select a Secretary, who may but need not be a member of the Board, and it may create and fill such other offices as it shall determine.
i.
Planning Board Attorney; Other Staff and Consultants. The office of Planning Board Attorney is hereby created. The Planning Board may annually appoint to such office and fix the compensation or rate of compensation of an attorney at law of New Jersey other than the Attorney for the municipality. The Planning Board may also employ or contract for and fix the compensation of such experts and other staff and services as it deems necessary. Obligations for the foregoing shall not exceed, exclusive of gifts or grants, the amounts agreed upon and appropriated for the Board's use.
j.
Powers of Planning Board. The Planning Board shall have the power to:
1.
Prepare and adopt a master plan for the physical, economic and social development of the municipality, and amend or revise the same.
2.
Whenever the proposed development requires approval of a subdivision, site plan or conditional use, but not a use variance, the Planning Board, in lieu of the Board of Adjustment and to the same extent and subject to the same restrictions as such Board, shall receive, review, and act upon applications for hardship variances and applications for special permits. The developer may elect to submit a separate application requesting approval of the hardship variance or special permit and a subsequent application for any required approval of a subdivision, site plan or conditional use. The separate approval of the hardship variance or special permit shall be conditioned upon grant of all required subsequent approvals by the Planning Board. No such subsequent approval shall be granted unless the approval can be granted without substantial detriment to the public good and without substantial impairment of the intent and purpose of the zone plan and zoning ordinance.
3.
Participate in the preparation and review of programs or plans required by State or Federal law or regulation.
4.
Assemble data on a continuing basis as part of a continuous planning process.
5.
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.
k.
Exclusivity of Powers. No power expressly authorized by this chapter to be exercised by the Planning Board shall be exercised by any other body except as otherwise provided in this chapter.