|Unified Planning Board|
There is hereby established, pursuant to Chapter 219, P.L. 1975 (N.J.S.A. 40:55D-23 et seq.), in the Borough of Sea Bright, a Municipal Planning Board of nine members, consisting of the following four classes:
- Class I: The Mayor or the Mayor’s designee in the absence of the Mayor.
- Class II: One of the officials of the municipality other than a member of the governing body to be appointed by the Mayor.
- Class III: A member of the governing body to be appointed by the Borough Council.
- Class IV: Six citizens of the Borough to be appointed by the Mayor.
Pursuant to N.J.S.A. 40:55D-25c and being that the Borough of Sea Bright is a municipality having a population of 2,500 or less, the nine-member Planning Board shall exercise, to the same extent and subject to the same restrictions, all the powers of a Board of Adjustment; but the Class I and Class III members shall not participate in the consideration of applications for development which involve relief pursuant of Subsection D of Section 57 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-70).
The members of Class IV shall hold no other municipal office, except that one member may be a member of the Board of Education.
A. The term of the member composing Class I shall correspond with 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.
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 distributed evenly 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 terms for which they were appointed. Thereafter, all Class IV members shall be appointed for terms of four years, except as otherwise hereinabove provided. All terms shall run from January 1 of the year in which the appointment is made.
1. The Mayor may appoint four alternate members who shall meet the qualifications of Class IV members of the 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 terms of the alternate members shall be such that the term of not more than two alternates 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.
2. No alternate member shall be permitted to act on any matter in which the member 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, except that an alternate member may not vote in the place of a Class I or Class II member if that member is disqualified due to the application involving relief pursuant to Subsection D of Section 57 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-70). 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, alternates shall vote in the order of their number.
If a vacancy in any class shall occur otherwise than by expiration of the term, it shall be filled by appointment as above provided for the unexpired term.
Organization of the Board
The Planning Board shall elect a Chairperson and Vice Chairperson both from the members of Class IV and select a Secretary who may either be a member of the Planning Board or a municipal employee designated by the Board.
Eligibility for voting
When any hearing before the 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.
Conflict of Interest
Whenever the performance of his official duties shall require any member of the Board to deliberate, vote or act upon any matter involving his financial or personal interest, either directly or indirectly, he shall publicly disqualify himself from participating in the deliberations, absenting himself from the physical location of such deliberations as well as from voting hereon, and he shall not participate in any discussion or decision relating thereto.
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.