Who sits on the Zoning Board?
Generally, once the municipality adopts a zoning ordinance, it must also create a zoning board of adjustment. The zoning board of adjustment must consist of seven (7) regular members and no more than four (4) alternate members. The members of the zoning board are generally appointed by the mayor or governing body. Each regular member serves a four-year term and each alternate member serves a two-year term. The only exception is where an existing board member resigns or is removed, in which case, the new member fills the unexpired term of the former member. For example, if Bob has served 3 years of his 4 year term and retires, the new member would serve for the remaining one year of Bob’s term. If a new member, John, is appointed to the board as a regular member, he would serve a four-year term.
All members of the zoning board of adjustment must be residents of the municipality. There is no requirement that a board member have any specific background or profession. In fact, it is often very helpful to have members of the board that come from a variety of backgrounds as this can help give the board a multitude of perspectives on each application as board members are encouraged to discuss all cases. While alternate members cannot vote if all of the regular members are present, they can always participate in discussion and deliberation. All members, with certain exceptions for governing body members, must also take a mandatory class about zoning and land use within 18 months of being appointed to the board. Failure to take the class could result in the board member being removed from the board.
In certain rare situations, particularly where a majority of the zoning board members have a conflict of interest that prevents them from hearing a case, members of the planning board can be “borrowed”. Only the Class IV members of the planning board can be “borrowed.”
While zoning boards of adjustment and planning boards both hear land use cases, only the zoning board of adjustment can hear appeals of a zoning officer’s decision, requests for interpretation of a zoning ordinance or zoning map, and use variances.
If you have questions about the zoning board in your municipality, please contact us.
A planning board may consist of either seven (7) or nine (9) members. However, unlike a zoning board, there are certain “classes” of membership and certain requirements for each “class.” There are four classes of membership:
- The mayor or the mayor’s designee;
- 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;
- A member of the governing body to be appointed by it; and
- Other citizens of the municipality to be appointed by the mayor (or by the municipal manager in certain types of municipalities and in accordance with any local ordinances).
When there are alternate members, they must qualify as Class IV members. Unlike the zoning board of adjustment, not all members must be residents. For a planning board, all members and alternates, except the Class II member, must be residents.
On a planning board, the duration of a member’s term is determined by which class he or she is in. The term for a Class I (mayor or mayor’s designee) is the same as the official term as mayor. The terms for Class II and Class III members is one (1) year, but terminates upon the completion of their terms as an official of the municipality or member of the governing body if terminated within the one (1) year period. The Class IV members are for four (4) years except where the member is also a member of the environmental commission, in which case the term is either for three (3) years or terminates at the completion of the term of office as a member of the environmental commission, whichever occurs first.
Like with a zoning board of adjustment, alternate members can participate and deliberate but cannot vote unless they are sitting for a regular member. For example, if the board has seven (7) members and two are absent, the first two alternate members (Alternate 1 and Alternate 2) would serve as regular members in the two regular members’ absence.
Planning boards and zoning boards of adjustment must elect a chairperson, vice chairperson, and a secretary. Both boards can appoint their own professionals, including, but not limited to, a board attorney, board engineer, and/or board planner.
If you have any questions about the composition of your local planning board, please contact us. To learn more, contact one of the experienced Summit land use lawyers at Dempsey, Dempsey & Sheehan to begin working with you today.
