A5652

An Act concerning membership of various municipal boards and amending P.L.1975, c.291 and P.L.1992, c.79.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. Section 14 of P.L.1975, c.291 (C.40:55D-23) is amended to read as follows:

14. Planning board membership. a. The governing body may, by ordinance, create a planning board of seven or nine members. All members of the planning board, except for the Class II and Class V members set forth below, shall be municipal residents. The membership shall consist of, for convenience in designating the manner of appointment, the [four] five following classes:

Class I--the mayor or the mayor's designee in the absence of the mayor or, in the case of the council-manager form of government pursuant to the Optional Municipal Charter Law, P.L.1950, c.210 (C.40:69A-1 et seq.) or "the municipal manager form of government law" (R.S.40:79-1 et seq.), the manager, if so provided by the aforesaid ordinance.

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 be an environmental commission, the member of the environmental commission who is also a member of the planning board as required by section 1 of P.L.1968, c.245 (C.40:56A-1), shall be deemed to be the Class II planning board member for purposes of [this act] the "Municipal Land Use Law," P.L.1975, c.291 (C.40:55D-1 et seq.) in the event that there be among the Class IV or alternate members of the planning board both a member of the zoning board of adjustment and a member of the board of education.

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

Class IV--other citizens of the municipality, to be appointed by the mayor or, in the case of the council-manager form of government pursuant to the Optional Municipal Charter Law, P.L.1950, c.210 (C.40:69A-1 et seq.) or "the municipal manager form of government law" (R.S.40:79-1 et seq.), by the council, if so provided by the aforesaid ordinance.

Class V--the local construction official appointed by the municipality pursuant to section 8 of the "State Uniform Construction Code Act," P.L.1975, c.217 (C.52:27D-126) or the local construction official’s designee.

The members of Class IV shall hold no other municipal office, position or employment, except that in the case of nine-member boards, 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 be a municipal environmental commission, the member of the environmental commission who is also a member of the planning board, as required by section 1 of P.L.1968, c.245 (C.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 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.

b. The term of the member composing Class I shall correspond to the mayor's or manager's official tenure or if the member is the mayor's designee in the absence of the mayor, the designee shall serve at the pleasure of the mayor during the mayor's 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, 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 his term of office as a member of the environmental commission, whichever occurs first. The term of a Class IV member who is also a member of the board of adjustment or 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. The terms of all Class IV members first appointed under [this act] the "Municipal Land Use Law," P.L.1975, c.291 (C.40:55D-1 et seq.) 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 appointments; 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. The term of a member composing Class V shall correspond to the local construction official’s tenure, or if the member is the local construction official’s designee in the absence of the local construction official, the designee shall serve at the pleasure of the local construction official. 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. 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 governing body for cause.

c. In any municipality in which the term of the municipal governing body commences on January 1, the governing body may, by ordinance, provide that the term of appointment of any class of member of the planning board appointed pursuant to this section shall commence on January 1. In any municipality in which the term of the municipal governing body commences on July 1, the governing body may, by ordinance, provide that the term of appointment of any class of member appointed pursuant to this section commence on July 1.

(cf: P.L.1998, c.95, s.5)

2. Section 56 of P.L.1975, c.291 (C.40:55D-69) is amended to read as follows:

56. Zoning board of adjustment. Upon the adoption of a zoning ordinance, the governing body shall create, by ordinance, a zoning board of adjustment unless the municipality is eligible for, and exercises, the option provided by subsection c. of section 16 of P.L.1975, c.291 (C.40:55D-25). A zoning board of adjustment shall consist of seven regular members and may have not more than four alternate members. [All] Of the regular members, one member shall be the local construction official appointed by the municipality pursuant to section 8 of the "State Uniform Construction Code Act," P.L.1975, c.217 (C.52:27D-126) or the local construction official’s designee. With the exception of the local construction official or the local construction official’s designee, all regular members and any alternate members shall be municipal residents. Notwithstanding the provisions of any other law or charter heretofore adopted, such ordinance shall provide the method of appointment of all such members. Alternate members shall be designated at the time of appointment by the authority appointing them as "Alternate No. 1" and "Alternate No. 2," and, in the case of a municipality in which more than two alternates have been appointed, "Alternate No. 1," "Alternate No. 2," "Alternate No. 3," and "Alternate No. 4," as appropriate. [The] With the exception of the local construction official or the local construction official’s designee, the terms of the members first appointed under P.L.1975, c.291 (C.40:55D-1 et seq.) shall be so determined that to the greatest practicable extent, the expiration of such terms shall be distributed, in the case of regular members, evenly over the first four years after their appointment, and in the case of alternate members, evenly over the first two years after their appointment; provided that the initial term of no regular members shall exceed four years and that the initial term of no alternate member shall exceed two years. Thereafter, the term of each regular member shall be four years, and the term of each alternate member shall be two years. The term of the local construction official shall correspond to the local construction official’s tenure, or if the member is the local construction official’s designee in the absence of the local construction official, the designee shall serve at the pleasure of the local construction official. In any municipality in which more than two alternates have been appointed, the terms of not more than two alternate members shall expire in any one year. No member may hold any elective office or position under the municipality with the exception of the local construction official or the local construction official’s designee. No member of the board of adjustment shall be permitted to act on any matter in which he has, either directly or indirectly, any personal or financial interest. A member may, after public hearing if he requests it, be removed by the governing body for cause. A vacancy occurring otherwise than by expiration of term shall be filled for the unexpired term only.

The board of adjustment shall elect a chairman and vice chairman from its regular members and select a secretary, who may or may not be a member of the board of adjustment or a municipal employee.

Alternate members may participate in all matters but may not vote except in the absence or disqualification of a regular member. Participation of alternate members shall not be deemed to increase the size of the zoning board of adjustment established by ordinance of the governing body pursuant to section 56 of P.L.1975, c.291 (C.40:55D-69). 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 members shall vote in the order of their numerical designations.

(cf: P.L.2004, c.105, s.1)

3. Section 11 of P.L.1992, c.79 (C.40A:12A-11) is amended to read as follows:

11. a. The governing body of a municipality may, by ordinance, create a body corporate and politic to be known as the ". . . . . . Redevelopment Agency," inserting the name of the municipality creating the agency. The agency shall be an instrumentality of the municipality creating it. A redevelopment agency shall be created pursuant to the procedures of the "Local Authorities Fiscal Control Law," P.L.1983, c.313 (C.40A:5A-1 et seq.).

There shall be seven commissioners of a redevelopment agency, one of which shall be the local construction official appointed by the municipality pursuant to section 8 of the “State Uniform Construction Code Act,” P.L.1975, c.217 (C.52:27D-126) or the local construction official’s designee. The commissioners shall be appointed by the governing body, in the manner generally required for appointments by the form of government under which the municipality is governed. [Commissioners] With the exception of the local construction official or the local construction official’s designee, commissioners shall each serve for a term of five years; except that the first of these appointees shall be designated to serve for the following terms: one for a term of one year, one for a term of two years, two for terms of three years, one for a term of four years, and [two for terms] one for a term of five years. The term of the local construction official shall correspond to the local construction official’s tenure, or if the member is the local construction official’s designee in the absence of the local construction official, the designee shall serve at the pleasure of the local construction official. No more than two commissioners shall be officers or employees of the municipality, including the local construction official or the local construction official’s designee. Each commissioner shall hold office for the term of his appointment and until his successor shall have been appointed and qualified. Any vacancy occurring in the office of commissioner, from any cause, shall be filled in the same manner as the original appointment, but for the unexpired term.

The municipal governing body may provide by ordinance that not more than two of the commissioners shall be members of the governing body. A commissioner who is a member of the governing body shall serve for a term of one year. That ordinance shall provide for the terms of the other commissioners to be appointed to staggered terms in substantial accord with the provisions of this section.

Any redevelopment agency created pursuant to the "Redevelopment Agencies Law," P.L.1949, c.306 (C.40:55C-1 et seq.) and in existence until the repeal of that law by [this act] the "Local Redevelopment and Housing Law," P.L.1949, c.306 (C.40A:12A-1 et seq.), shall continue notwithstanding that repeal, but shall exercise its powers pursuant to the provisions of [this act] the "Local Redevelopment and Housing Law," P.L.1949, c.306 (C.40A:12A-1 et seq.). The five commissioners appointed by the governing body of the municipality shall continue in office until the terms for which they were appointed expire and their successors are appointed and qualified. The terms of those agency commissioners who were appointed by the mayor or the Commissioner of the Department of Community Affairs shall cease and determine 90 days after the effective date of [this act] the "Local Redevelopment and Housing Law," P.L.1949, c.306 (C.40A:12A-1 et seq.).

b. A certificate of the appointment or reappointment of each commissioner shall be filed with the clerk, and that certificate shall be conclusive evidence of the due and proper appointment of that commissioner. A commissioner shall receive no compensation for his services, but shall be entitled to reimbursement for actual expenses necessarily incurred in the discharge of the duties of commissioner, including travel expenses. The powers of the agency shall be vested in the commissioners thereof in office from time to time. Four commissioners shall constitute a quorum for the purpose of conducting business and exercising powers and all other purposes. Action may be taken by the agency upon the affirmative vote of the majority, but not less than four of the commissioners present, unless in any case the bylaws of the agency shall require a larger number. The agency shall select a chairman and a vice-chairman from among the commissioners, and it shall employ an executive director, who shall be its secretary.

c. No commissioner or employee of an agency shall acquire any interest, direct or indirect, in a redevelopment project or in any property included or planned to be included in a project, nor shall he have any interest, direct or indirect, in any contract or proposed contract for materials and services to be furnished or used in connection with a project. If any commissioner or employee of an agency owns or controls an interest, direct or indirect, in any property included or planned to be included in a project, he shall immediately disclose the same in writing to the agency and the disclosure shall be entered upon the minutes of the agency. Failure so to disclose such an interest shall constitute misconduct in office. A commissioner or employee required by this subsection to make a disclosure shall not participate in any action by the agency affecting the property with respect to which disclosure is required. For inefficiency or neglect of duty or misconduct in office a commissioner may be removed by the municipality by which he was appointed; but a commissioner may be removed only after he has been given a copy of the charges at least 10 days prior to the hearing thereon and has had the opportunity to be heard in person or by counsel. In the event of a removal of a commissioner, a record of the proceedings, together with the charges and findings thereon, shall be filed in the office of the clerk of the municipality.

(cf: P.L.1992, c.79, s.11)

4. This act shall take effect immediately except that a municipality may appoint the local construction official to the planning board, zoning board of adjustment, or redevelopment agency upon the expiration of a current term of a current member or commissioner.

STATEMENT

This bill requires that the local construction official or designee sit on a municipality’s planning board, zoning board, and redevelopment agency board.

Under current State law, a municipality is required to appoint a group of seven or nine members from four classes to sit on the planning board. The bill adds a fifth class, which provides the local construction official or its designee is to be included on the planning board. The bill does not require the local construction official be a municipal resident, unlike as is required of other classes of planning board members.

A municipal zoning board is currently required to consist of seven members with not more than four alternate members very varying terms. Each regular member and alternate member is required to be a municipal resident. The bill requires that the local construction official be one of seven regular members of the zoning board. The bill does not require the local construction official to be a municipal resident as is required of the remaining zoning board members.

Current State law provides that a municipality is permitted, by ordinance, to create a municipal redevelopment agency that consists of seven commissioners to serve varying terms. The bill requires the local construction official or its designee to be one of the seven commissioners.

The bill provides that, regardless of the board or agency, the local construction official is to serve for the duration of their tenure as the construction official, or if the member is the local construction official’s designee, to serve at the pleasure of the local construction official.

The bill takes effect immediately except that the municipality may appoint the local construction official to the planning board, zoning board of adjustment, or redevelopment agency upon the expiration of a current term of a current member or commissioner.