If a vacancy in any class shall occur other 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 municipal employee designated
by it.
There is hereby created the office of Planning Board Attorney.
The Planning Board may annually appoint, fix the compensation of or
agree upon the rate of compensation of the Planning Board Attorney,
who shall be an attorney other than the Township Attorney.
In addition, the Planning Board may also employ or contract
for the service of experts and other staff and services as it may
deem necessary. The Board shall not, however, exceed, exclusive of
gifts and grants, the amount appropriated by the Township Council
for its use.
The Planning Board shall be 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 Township, including any areas outside
its boundaries which, in the Board's judgment, bear essential relation
to the planning of the Township in accordance with the provisions
of N.J.S.A. 40:55D-28. In accordance with the provisions of N.J.S.A.
40:55D-89, the Planning Board shall, at least every 10 years, request
the governing body to budget funds to provide for a general reexamination
of the Master Plan and development regulations by the Board and for
such purpose may employ the services of a Planner and an Attorney.
A reexamination report shall in accordance with the statute be completed
by August 1, 2006, and thereafter at least once every 10 years from
the previous reexamination. The report shall be in the form required
by said statute.
B. To administer the provisions of the land subdivision and site plan
review provisions of this chapter in accordance with its provisions
and the Municipal Land Use Law of 1975, N.J.S.A. 40:55D-1 et seq.
C. To hear applications for conditional uses and, in proper cases, to
approve conditional use permits in accordance with provisions of this
chapter pursuant to N.J.S.A. 40:55D-67.
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
the same to the Township Council.
G. To consider and report to the Township Council, within 35 days after
referral, any proposed development regulation submitted to it 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 Township
Council pursuant to the provisions of N.J.S.A. 40:55D-26b.
H. Whenever the proposed development requires approval of a subdivision,
site plan or conditional use, but not a variance pursuant to N.J.S.A.
40:55D-70d, to grant to the same extent and subject to the same restrictions
as a board of adjustment:
(1) Variances pursuant to N.J.S.A. 40:55D-70c;
(2) Direction pursuant to N.J.S.A. 40:55D-34 for issuance of a permit
for a building or a structure in the bed of a mapped street or a public
drainageway, flood-control basin or public area reserved pursuant
to N.J.S.A. 40:55D-32; and
(3) Direction pursuant to N.J.S.A. 40:55D-36 for issuance of a permit
for a building or structure not related to a street.
I. Whenever relief is requested pursuant to this section, notice of
the hearing on the application for development shall include reference
to the request for a variance, or direction for issuance of a permit,
as the case may be.
J. The developer may elect to submit a separate application requesting
approval of the variance or direction of the issuance of a permit
and a subsequent application for any required approval of a subdivision,
site plan or conditional use. The separate approval of the variance
or direction of the issuance of a permit shall be conditioned upon
grant of all required subsequent approvals by the Planning Board.
No such subsequent approval shall be granted unless the approval can
be granted without substantial detriment to the public good and without
substantial impairment of the intent and purpose of the Zone Plan
and Zoning Ordinance.
K. To consider and make a report within 45 days of its receipt upon
any petition for annexation submitted to the governing body of the
municipality and referred to the Planning Board pursuant to N.J.S.A.
40A:7-1 et seq.
L. To review a petition for inclusion of a parcel in a municipally approved
Farmland Preservation Program pursuant to N.J.S.A. 4:1C-21.
M. To perform such other advisory duties as are assigned to it by ordinance
or resolution of the Township Council for the aid and assistance of
the Council for other agencies or officers.
N. Review and make recommendations with respect to any capital project
proposed by a public agency necessitating the expenditure of public
funds by the Township or any special district therein, or other authority,
school board or other similar public agency, state, county or municipality
in accordance with N.J.S.A. 40:55D-31.
Applications for development within the jurisdiction of the
Planning Board pursuant to the provisions of N.J.S.A. 40:55D-1 et
seq. shall be filed with the Secretary of the Planning Board. The
applicant shall file, at least 21 days before the date of the meeting
of the Board at which the matter is scheduled to be heard, 16 copies
of a sketch plat, 16 copies of applications for minor subdivision
approval, 16 copies of applications for major subdivision approval
or 16 copies of an application for site plan review, conditional use
approval or planned development. At the time of filing the application,
but in no event less than 10 days prior to the date set for hearing,
the applicant shall also file all plat plans, maps or other papers
required by virtue of any provision of this chapter or any rule of
the Planning Board. The applicant shall obtain all necessary forms
from the Secretary of the Planning Board. The Secretary of the Board
shall inform the applicant of the steps to be taken to initiate applications
and of the regular meeting dates of the Board.
The Mayor may appoint one or more persons a Citizens Advisory
Council 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 Mayor.
Whenever the Environmental Commission has prepared and submitted
to the Planning Board an index of the natural resources of the Township,
the Planning Board shall make available to the Environmental Commission
an informational copy of every application for development to the
Board. An informational copy of every application affecting an historic
site or historic district shall also be made available to any Historic
Preservation Commission established in the Township. Failure of the
Planning Board to make such informational copies available to the
Environmental Commission or the Historic Preservation Commission (if
any) shall not invalidate any hearing or proceeding. When the Environmental
Commission or Historic Preservation Commission (if any) has filed
a report or recommendation with the Board, the Board shall consider
and comment upon such report in making its final decision on the application.
The establishment of a Mining Review Board and designation of its powers previously established by ordinance is set forth in Chapter
7, §
7-81, Mining Review Board.
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.
Applications for development within the jurisdiction of the Planning Board shall be reviewed for completeness in accordance with the provisions of §
310-34 of this chapter.