A. Classes of membership. A Planning Board is hereby established consisting of nine regular and two alternate members of the following four classes:

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 any 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 both a member of the Zoning Board of Adjustment and a member of the Board of Education among the Class IV regular or alternate members.

3. Class III - A member of the governing body to be appointed by it.

4. Class IV - Regular Members. Six other members of the municipality to be appointed by the governing body. 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 Zoning Board of Adjustment or Historic Preservation Commission. No member of the Board of Education may be a Class IV member of the Planning Board, except that in the case of a nine member board, one Class IV member may be a member of the Board of Education. 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 a Class IV Planning Board member, unless there be among the Class IV or alternate members of the Planning Board both a member of the Zoning Board of Adjustment or Historic Preservation Commission and a member of the Board of Education, in which case the member common to the Planning Board and Environmental Commission shall be deemed a Class 11 member of the Planning Board. For the purpose of this section, membership on a municipal board or committee 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 a municipal office.

5. Class IV - Alternate Members. Two other citizens of the municipality to be appointed by the governing body. Alternate members shall meet the qualifications of Class IV regular members and shall be designated by the governing body at the time of their appointment as 'Alternate No. I" and "Alternate No. 2."

6. The adoption of this Ordinance shall not be construed to affect any standing member of the Planning Board.

B. Terms of membership.

1. The term of the member composing Class I shall correspond with his or her official tenure.

2. The terms of the members composing Class II and Class III shall be for one (1) year or shall 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 Class IV member who is also a member of the Environmental Commission shall be for three years or terminate at the completion of term of office as a member of the Environmental Commission, whichever comes first.

3. The term of Class IV member who is also a member of the Zoning Board of Adjustment or the Board of Education shall terminate whenever he or she is no longer a member of such other body or at the completion of his or her Class IV term, whichever comes first.

4. The term of each Class IV regular member shall be four (4) years.

5.The terms of the Class IV alternate members shall be two (2) 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.

B. Role of alternate members. 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.

C. Vacancies. If a vacancy of any Class shall occur otherwise than by expiration of term, it shall be filled for the unexpired term only.

D. Compensation. Members of the Planning Board shall serve without compensation except that reimbursement of reasonable expenses in the execution of official duties may be made by the municipality.

E. Removal. Any member other than a Class I member may be removed by the governing body for cause but only after public hearing and other due process proceedings.

F. Conflict. No member or alternate member of the Planning Board shall be permitted to act on any matter in which he or she has either directly or indirectly any personal or financial interest. No member who is so disqualified may act on that particular matter, shall not continue to sit with the Board on the hearing of such matter, nor shall participate in any discussion or decision.

G. Substitute members. If the Planning Board lacks a quorum of its regular or alternate members either by reason of vacancy or conflict of interest, regular members of the Zoning Board of Adjustment shall be called upon to serve, for that matter only, as temporary members of the Planning Board. Such temporary members shall be selected in order of seniority of continuous service to the Zoning Board of Adjustment until the required minimum number of members necessary to constitute a quorum has been reached. The Chairperson of the Zoning Board of Adjustment shall determine which member serves in the event there are members of equal seniority.

H. Reorganization. Yearly, the Planning Board shall organize by selecting from among its Class IV regular members a chairman and a vice chairman. The Board shall also select a secretary who may or may not be a member of the Board or a municipal employee.

I. Funding. The Township Committee shall make provisions in its budget and appropriate funds for the expenses of the Planning Board.

J. Board attorney. The position of Planning Board Attorney is hereby created. The Planning Board may annually appoint to such office and fix compensation or rate of compensation of an attorney-at-law of New Jersey other than the municipal attorney. The adoption of this Ordinance shall not be construed to affect any existing appointment.

K. Staff. The Planning Board may also employ or contract for and fix compensation of such experts and other staff and services as it may deem necessary. The Board, however, shall not authorize expenditures which exceed, exclusive of gifts or grants, the amounts appropriated by the Township Committee for its use.

The Planning Board shall have the powers listed below in addition to other powers established by law:

A. Make, 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;

B. Participate in the preparation and review of programs or plans required by state or federal law or regulation;

C. Assemble data on a continuing basis as part of a continuous planning process;

D. Annually, prepare a program of municipal capital improvements projects projected over a term of (6) six years and amendments thereto and recommend same to the Township Committee;

E. Consider and make report to the Township Committee within thirty-five (35) days after referral as to any proposed development regulation submitted to it and also pass upon other matters specifically referred to the Planning Board by the Township Committee;

F. Prepare, at least every six (6) years, a periodic reexamination of the Master Plan;

G. The Planning Board shall have such other powers as prescribed by law, including, but not limited to, the power to grant the following variances, to the same extent and subject to the same restrictions as the Zoning Board of Adjustment, when the Planning Board is reviewing applications for approval of subdivision plans, site plans or conditional uses:

1. Variances pursuant to N.J.S.A. 40:55D-70a-c;

2. Direction pursuant to 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 drainage way, flood control basin or public area; and

3.Direction pursuant to N.J.S.A. 40:55D-35 for issuance of a permit for a building or structure on a lot not abutting a street.

A. Membership.

Zoning Board of Adjustment is hereby created consisting of seven (7) regular members and four (4) alternate members, each of whom shall be appointed by the Township Committee

**Webmasters Note: The previous subsection has been amended as per Ordinance No. 05-19.

B. Terms of members.

1. The term of each regular member shall be four years and the term of each alternate member shall be two years.

2.Alternate members shall be designated at the time of their appointment as "Alternate No. 1", "Alternate No. 2", "Alternate No. 3" and "Alternate No. 4".

**Webmasters Note: The previous subsection has been amended as per Ordinance No. 05-19.

3.The adoption of this Ordinance shall not be construed to affect any standing member of the Zoning Board of Adjustment.

C. Role of alternate members. Alternate members may participate in discussions of the proceedings but may not vote except in the absence or disqualification of a regular member. 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.

D. Additional memberships. No member of the Zoning Board of Adjustment shall hold an elective office or position under the municipality.

E. Compensation. Members of the Zoning Board of Adjustment shall serve without compensation except that reimbursement of reasonable expenses in the execution of official duties may be made by the municipality.

F. Removal. Any member may be removed by the governing body for cause but only after public hearing and other due process proceedings.

G. Vacancies. If a vacancy shall occur otherwise than by expiration of term, it shall be filled for the unexpired term only.

H. Conflict. No member or alternate member of the Zoning Board of Adjustment shall be permitted to act on any matter in which he or she has either directly or indirectly any personal or financial interest. No member who is so disqualified may act on that particular matter, shall not continue to sit with the Board on the hearing of such matter, nor shall participate in any discussion or decision.

I. Substitute members. If the Zoning Board of Adjustment lacks a quorum of its regular or alternate members either by reason of vacancy or conflict of interest, Class IV members of the Planning Board shall be called upon to serve, for that matter only, as temporary members of the Zoning Board. Such temporary members shall be selected in order of seniority of continuous service to the Planning Board until the required minimum number of members necessary to constitute a quorum has been reached. The Chairman or Chairwoman of the Planning Board shall determine which member serves in the event there are members of equal seniority.

J. Reorganization. Yearly, the Zoning Board of Adjustment shall organize by selecting from among its regular members a chairman and a vice-chairman. The Board shall also select a secretary who may or may not be a member of the Board or a municipal employee.

K. Funding. The Township Committee shall make provisions in its budget and appropriate funds for the expenses of the Zoning Board of Adjustment.

L. Board attorney. The position of Zoning Board of Adjustment Attorney is hereby created. The Zoning Board of Adjustment may annually appoint to such office and fix compensation or rate of compensation of an attorney-at-law of New Jersey other than the municipal attorney. The adoption of this Ordinance shall not be construed to affect any existing appointment.

M. Staff. The Zoning Board of Adjustment may also employ or contract for and fix the compensation of such experts and other staff and services as it may deem necessary. The Board, however, shall not authorize expenditures which exceed, exclusive of gifts or grants, the amount appropriated by the Township Committee for its use.

The Zoning Board of Adjustment shall have the power to:

A. 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 based on or made in enforcement of the Land Use Ordinance.

B. Hear and decide requests for interpretation of the Zoning Map or Land Development Ordinance or for decisions upon other special questions upon which the Zoning Board is authorized to pass on any Zoning or Official Map Ordinance;

C. Grant a variance from the strict application of a regulation, upon an application or an appeal, so as to relieve difficulties or hardships:

1. Where by reason of exceptional narrowness, shallowness, or shape of a specific piece of property; or by reason of exceptional topographic conditions or physical features uniquely affecting a specific piece of property-, or by reason of an extraordinary and exceptional situation uniquely affecting a specific piece of property or the structures lawfully existing thereon, the strict application of any zoning regulation would result in peculiar and exceptional practical difficulties to, or exceptional and undue hardship upon the developer of such property; or

2. Where in an application or appeal relating to a specific piece of property the purposes of the Municipal Land Use Law and this Ordinance set forth in Article I would be advanced by deviation from the Land Development Ordinance requirements and the benefits of the deviation would substantially outweigh any detriment, grant a variance to allow the departure from zoning regulations; provided, however, that no variance from those departures enumerated in the following subsection shall be granted under this section; and provided, further, that the proposed development does not require approval by the Planning Board of a subdivision, site plan, or conditional use in conjunction with which the Planning Board has power to review a request for a variance pursuant to §#DIVISION OF JURISDICTION IN DEVELOPMENT APPLICATIONS (A)2

D. Grant a variance to allow a departure from the zoning regulations, in particular cases and for special reasons to permit:

1. A use or principal structure in a district restricted against such use or principal structure;

2. An expansion of a non-conforming use;

3. Deviation from a specification or standard pertaining solely to a conditional use;

4. An increase in the permitted floor area ratio,

5. An increase in the permitted density except as applied to the required lot area for

a lot or lots for detached one or two dwelling unit buildings which lot or lots are either an isolated undersized lot or lots resulting from a minor subdivision; or

6. A height of a principal structure which exceeds by 10 feet or 10% the maximum height permitted in the district for a principal structure.

A.variance under this subsection shall be granted only by the affirmative vote of at least five (5) members.

E. The Zoning Board of Adjustment shall, at least once a year, review its decisions on applications and appeals for variances and prepare and adopt by resolution a report of its findings on Land Development Ordinance provisions which were the subject of variance requests and its recommendations for Land Development Ordinance amendment or revision, if any. The Zoning Board of Adjustment shall send copies of the report and resolution to the Township Committee and Planning Board.

A. Statutory authority. Pursuant to N.J.S.A. 40:55D-107 et seq., there is hereby established an Historic Preservation Commission whose membership, powers and duties are intended to be those of an historic preservation commission created by the Municipal Land Use Law, the extent of which are hereinafter set forth.

B. Board of architectural review. By adoption of this Ordinance, the Historic Preservation Commission replaces the existing Board of Architectural Review. Existing members of the Board of Architectural Review will continue to serve the balance of their respective terms as members of the Historic Preservation Commission.

C. Membership. The Historic Preservation Commission shall be made up of seven (7) regular members and two (2) alternate members all appointed by the Mayor. All members shall serve without compensation and shall be interested in or qualified to contribute to the preservation of historic resources. At the time of appointment, members shall be designated by the following classes:

1. Class A. One (1) regular member who is knowledgeable in building designs and construction or architectural history and who may reside outside the municipality.

2. Class B. Two (2) regular members who are knowledgeable or with a demonstrated interest in local history and who may reside outside the municipality.

3.Class C. Four (4) regular members and two (2) alternate members who shall hold no other municipal office, position or employment except for membership on the Planning Board or Zoning Board. At the time of appointment, "Class C" members shall be further designated by the following criteria:

(a) One (1) member shall be an active member of the Historical Society of Ocean Grove (Class C1) with a demonstrated interest, competence or knowledge in historic preservation.

(b) One (1) member shall be an active member of the Neptune Township Historic Society (Class C2), with a demonstrated interest, competence or knowledge in historic preservation.

(c) Two (2) members, to be selected from the Township at large, one (1) of whom may be a member of the Planning Board or Board of Adjustment (Class C3).

(d) Two (2) alternate members to be designated as "Alternate No. 1" and "Alternate No. 2". Alternate members shall be selected from the Township at large, one (1) of whom may be a member of the Planning Board or Zoning Board of Adjustment.

D. Role of alternate members. 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. Terms. Regular members shall serve for a period of four (4) years and alternate members shall be appointed for a term of one (1) year. Notwithstanding any other provision herein, the term of any member common to the Historic Preservation Commission and the Planning Board shall be for the term of membership on the Planning Board; and the term of any member common to the Historic Preservation Commission and the Zoning Board of Adjustment shall be for the term of membership on the Zoning Board of Adjustment.

F. Vacancies. A vacancy occurring otherwise than by expiration of term shall be filled within sixty (60) days and shall be filled for the unexpired term only.

G. Organization. The Historic Preservation Commission shall elect a Chairman and a Vice Chairman from its members and select a Secretary who may or may not be a member of the Historic Preservation Commission or an employee of the Township.

H. Compensation. Members of the HPC shall serve without compensation except that reimbursement of reasonable expenses in the execution of official duties may be made by the municipality

I. Removal. Any member may be removed by the governing body for cause but only after public hearing and other due process proceedings.

J. Conflict of interest. No member of the Historic Preservation Commission shall be permitted to act on any matter in which they have, either directly or indirectly, a personal or financial interest. A member who is so disqualified shall not continue to sit with the Historic Preservation Commission on the hearing of such matter, nor shall participate in any discussion or decision.

K. Meetings. The Historic Preservation Commission shall adopt and may amend internal rules and procedures for the transaction of its business subject to the following:

1. The Historic Preservation Commission shall hold regular meetings at least six (6) times per year and no member shall miss four (4) consecutive meetings unless good cause can be shown.

2. A quorum for the transaction of all business shall be four (4) members. Ex officio members are not entitled to vote. A majority vote of those present and voting shall prevail and shall be sufficient to grant or deny a Certificate of Appropriateness. Any approval for a demolition permit shall require the affirmative vote of at least five (5) members of the Historic Preservation Commission.

3. In addition to conducting reviews at its regularly scheduled meetings, the Historic Preservation Commission will conduct emergency review meetings when necessary. These emergency meetings shall be held at the call of the Chair when any action requiring immediate consideration is necessary. This action may include a review of temporary repairs of historic properties and review of other items pertaining to safety and the necessity for immediate and prompt action. The Chair shall convene a meeting for these purposes by giving appropriate notice in accordance with the Open Public Meetings Law and notifying the members of the Historic Preservation Commission of the time, date and location of the emergency meeting and the purpose thereof.

4. The Historic Preservation Commission shall make its decisions on designation and review in an open public meeting and applicants shall be notified of meetings and advised of decisions. Written minutes of all meetings and proceedings shall be kept, including voting records, attendance, resolutions and findings. All such material shall become public record.

B. Budget/Employees.

1. The Township Committee shall budget and appropriate for the expenses of the Historic Preservation Commission. The Historic Preservation Commission may employ, contract for and fix the compensation of experts and other staff and services as it shall deem necessary. The Historic Preservation Commission shall obtain its legal counsel from the Municipal Attorney at the rate of compensation determined by the Township Committee, unless the governing body, by appropriation, provides for separate legal counsel for the Historic Preservation Commission. Expenditures shall not exceed, exclusive of gifts or grants, the amount appropriated by the Township Committee for the Historic Preservation Commission's use.

2. The Historic Preservation Commission may appoint a consultant who is a recognized professional in the field of architectural history, historic preservation or similar discipline to advise the Commission on applications before it. If the consultant has rendered an oral or written opinion, the Commission must consider the opinion of the consultant in rendering its decision and must give a statement of reasons in the event that the consultant's recommendations are not followed.

3.The Township Chief Financial Officer, Township Economic Development Director, Township Planner, Township Engineer and the Construction Official may provide such technical, administrative and clerical assistance as the Historic Preservation Commission shall require. For budgeting and purchasing purposes, however, the Commission shall be allocated its own budget.