[Amended 9-27-2010 by Ord. No. 2010-17]
A.
There shall be in the Town of Newton, pursuant to the Municipal Land
Use Law, N.J.S.A. 40:55D-1 et seq., and specifically N.J.S.A. 40:55D-25c,
a Planning Board of nine members consisting of the following four
classes:
(1)
Class I. The Mayor or the Mayor's designee in the absence of the
Mayor.
[Amended 2-13-2012 by Ord. No. 2012-2]
(2)
Class II. One of the officials of the Town other than a member of
the Town Council, to be appointed by the Mayor.
(3)
Class III. A member of the Town Council, to be appointed by it.
(4)
Class IV. Six other citizens of the Town, to be appointed by the
Town Council. The Class IV members shall hold no other office in the
Town.
B.
There shall also be four alternate members appointed to the Planning
Board in the same manner as Class IV members, who shall be designated
by the Chair of the Planning Board as "Alternate No. 1" through "Alternate
No. 4." Upon the effective date of this section, to stagger appointment
expiration dates, Alternate Nos. 1 and 3 shall be appointed for a
term of two years each, and Alternate Nos. 2 and 4 shall be appointed
for a term of one year each. Thereafter, an alternate member shall
be appointed for a term of two years.
C.
Alternate members may participate in all matters but may not vote
except in the absence or disqualification of a regular member of any
class. Participation of alternate members shall not be deemed to increase
the size of the Planning Board. 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 be chosen first, followed in turn
by Alternate No. 2, then Alternate No. 3, and then Alternate No. 4,
if necessary.
[Amended 2-13-2012 by Ord. No. 2012-2]
A.
The term of the member composing Class I shall correspond with his
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.
[Amended 2-13-2012 by Ord. No. 2012-2]
B.
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 term shall be distributed evenly over the first
four years after their appointment, as determined by resolution of
the Town Council; 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.
C.
The terms of alternate members shall be for two years, except that,
of the alternate members first appointed, one shall be appointed for
a one-year term and one shall be appointed for a two-year term. The
terms shall run from January 1 of the year in which the appointment
is made. Thereafter, all appointments shall be made for a term of
two years.
If a vacancy in any class shall occur otherwise than by expiration
of term, it shall be filled by appointment as above provided for the
unexpired term.
The Planning Board shall elect a Chairman and Vice Chairman
from the members of Class IV and select a Secretary, who may be either
a member of the Planning Board or a Town employee designated by it.
There is hereby created the office of Planning Board Attorney.
The Planning Board Attorney, who shall be an attorney other than the
Municipal Attorney, shall be appointed in the manner provided by law.
The Planning Board may also employ or contract for the services
of experts and other staff and services as it may deem necessary.
The Board shall not exceed, however, exclusive of gifts or grants,
the amount appropriated by the Town Council for its use.
The Planning Board is authorized to adopt bylaws governing its
procedural operation. It shall also have the following powers and
duties:
A.
To make and adopt, and from time to time amend, a Master Plan for
the physical development of the Town, including any areas outside
its boundaries which in the Board's judgment bear essential relation
to the planning of the Town, in accordance with the provisions of
N.J.S.A. 40:55D-28.
B.
To administer the provisions of Chapter 240, Land Subdivision and Site Plan Review, of the Code of the Town of Newton, in accordance with the provisions of such chapters and the Municipal Land Use Law of 1975, N.J.S.A. 40:55D.
[Amended 4-9-2012 by Ord. No. 2012-12]
C.
To hear applications for conditional uses and, in proper cases, to approve conditional use permits in accordance with the provisions of Chapter 320, Zoning, pursuant to N.J.S.A. 40:55D-76.
D.
To participate in the preparation and review of programs or plans
required by state or federal law or regulations.
E.
To assemble data on a continuing basis as part of a continuous planning
process.
F.
To annually prepare a program of municipal capital improvements projects
projected over a term of six years, and amendments thereto, and recommend
same to the Town Council.
G.
To consider and make a report to the Town Council within 35 days
after referral, pursuant to the provisions of N.J.S.A. 40:55D-26a,
and also pass upon other matters specifically referred to the Planning
Board by the Town Council, pursuant to the provisions of N.J.S.A.
40:55D-26b.
H.
Pursuant
to N.J.S.A. 40:55D-25c, the Planning Board shall exercise, to the
same extent and subject to the same restrictions, all powers of a
zoning board of adjustment as listed and provided under the Municipal
Land Use Law. In the event an application requires relief under N.J.S.A.
40:55D-70d, the Class I and Class III members of the Planning Board
shall not participate in the consideration thereof, and said application
shall be considered by no more than seven members/alternates.
[Amended 9-27-2010 by Ord. No. 2010-17]
I.
To perform such other advisory duties as are assigned to it by ordinance
or resolution of the Town Council for the aid and assistance of the
Town Council or other agencies or officers.
[Amended 9-27-2010 by Ord. No. 2010-17]
Applications submitted to the Planning Board shall be on and
include such forms as prescribed by the Planning Board. Applications
and supporting documents are to be filed with the Planning Board Administrator
in conformance with the rules enacted by the Planning Board and the
requirements of the Municipal Land Use Law.
Applications for development within the jurisdiction of the Planning Board shall be reviewed for completeness in accordance with the provisions of § 166-38 of this chapter.
A.
Minor subdivisions.
(1)
Minor subdivision or site plan applications shall be granted or denied
within 45 days of the date of certification of submission of a complete
application or within such further time as may be consented to by
the applicant. Approval of a minor subdivision shall expire 190 days
from the date of Planning Board approval, unless within such period
a plat in conformity with such approval and the provisions of the
Map Filing Law, or a deed clearly describing the approved minor subdivision,
is filed by the developer with the County Recording Officer, the Municipal
Engineer and the Municipal Tax Assessor. Any such plat or deed shall
be signed by the Chairman and Secretary of the Planning Board before
it will be accepted for filing by the County Recording Officer. Minor
site plan approval shall be deemed to be final approval of the site
plan by the Board, provided the Board or a site plan committee of
the Board appointed by the Chairman finds that the application conforms
to the definition of "minor site plan," and further provided that
the Board or the subcommittee may condition such approval on terms
ensuring the provision of improvements, pursuant to N.J.S.A. 40:55D-38,
40:55D-39, 40:55D-41 and 40:55D-53.
(2)
Any approvals given pursuant to this section shall be conditioned
upon timely receipt of a favorable report on the application by the
County Planning Board or approval by the County Planning Board by
its failure to report thereon within the required time period.
B.
Preliminary approval for site plans and subdivisions.
(1)
Upon submission of a complete application for a site plan which involves
10 acres of land or less and 10 dwelling units or less, or for a subdivision
of 10 or fewer lots, the Planning Board shall grant or deny preliminary
approval within 45 days of certification of completeness of such submission
or within such further time as may be consented to by the developer.
(2)
Upon submission of a complete application for a site plan which involves
more than 10 acres or more than 10 dwelling units, or for a subdivision
of more than 10 lots, the Planning Board shall grant or deny preliminary
approval within 95 days of the date of certification of completeness
of such submission or within such further time as may be consented
to by the developer. Otherwise the Planning Board shall be deemed
to have granted preliminary approval to the subdivision or site plan.
C.
Ancillary powers. Whenever the Planning Board is called upon to exercise its ancillary powers before the granting of a variance, as set forth in § 166-14G of this chapter, the Planning Board shall grant or deny approval of the application within 95 days after submission by the developer of a complete application or within such further time as may be consented to by the applicant.
D.
Final approval.
(1)
Application for final subdivision or site plan approval shall be
granted or denied within 45 days of certification of completeness
of the application or within such further time as may be consented
to by the applicant.
(2)
Final approval of a major subdivision shall expire 95 days from the
date of the signing of the plat, unless within such period the plat
shall have been duly filed by the developer with the County Recording
Officer.
(3)
The Planning Board may, for good cause shown, extend the period for
recording for an additional period not to exceed 190 days from the
date of the signing of the plat.
E.
Conditional uses. Upon submission of a complete application for approval
of a conditional use, the Planning Board shall grant or deny such
application within 95 days from the date of certification of completeness
of the application or within such further time as may be consented
to by the applicant. The review of the conditional use shall include
any required site plan review. Failure of the Planning Board to act
within the prescribed period shall constitute approval of the application,
and a certificate of the administrative officer as to the failure
of the Planning Board to act shall be issued on request of the applicant.
F.
The Planning
Board shall render its decisions on applications submitted to it not
specifically addressed above in compliance with any time frame established
by the Municipal Land Use Law.
[Added 9-27-2010 by Ord. No. 2010-17]
The Town Council may appoint one or more persons as a citizens
advisory committee to assist or collaborate with the Planning Board
in its duties, but such person or persons shall have no power to vote
or take other action required of the Board. Such person or persons
shall serve at the pleasure of the Town Council.
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.
[Added 9-27-2010 by Ord. No. 2010-17; amended 6-9-2014 by Ord. No.
2014-10]
A.
Any variance granted by the Planning Board permitting the erection
or alteration of any structure or structures, or permitting a specified
use of any property, shall expire one year from the adoption of the
resolution memorializing the Board's decision unless:
(1)
Construction has commenced and is presently proceeding or completed,
or unless such permitted use has actually commenced within one year;
or
(2)
An appeal has been filed from a Board action to a court of competent
jurisdiction, in which case the one-year expiration period shall resume
running upon the signing of a court order concluding the appeal; or
(3)
A variance approved in conjunction with and related to a subdivision
or site plan application shall expire at the expiration period of
the related site plan or subdivision approval, if such expiration
period is later.
B.
Any preliminary major site plan, major subdivision or minor subdivision
approval granted by the Planning Board shall expire three years from
the date of the adoption of the resolution memorializing the Board's
approval unless:
C.
Any minor site plan, final major subdivision or final major site
plan approval granted by the Planning Board shall expire within two
years from the date of the adoption of the resolution memorializing
the Board's approval unless:
