Township of Freehold, NJ Article II Planning Board

§ 190-14 Membership.

A. Establishment. Pursuant to the provisions of N.J.S.A. 40:55D-23 et seq., there is hereby established and created a Planning Board consisting of nine members.

B. Membership classes.

(1) The membership shall consist of the four following classes:

(a) Class I: The Mayor, or the Mayor's designee in the absence of the Mayor.

[Amended 12-27-2005 by Ord. No. O-05-48]

(b) Class II: One of the officials of the Township other than a member of the Township Committee to be appointed by the Mayor.

[Amended 12-27-2005 by Ord. No. O-05-48]

(c) Class III: A member of the Township Committee to be appointed by it.

(d) Class IV: Six citizens of the Township to be appointed by the Mayor.

(2) The members of the Class IV shall hold no other Township office, except that one Class IV member may be a member of the Board of Education. The member of the Environmental Commission, who is also a member of the Planning Board (N.J.S.A. 40:56A-1), shall be a Class IV Planning Board member.

[Amended 12-22-2015 by Ord. No. O-15-26]

C. Term; appointment and removal.

[Amended 12-27-2005 by Ord. No. O-05-48; 12-22-2015 by Ord. No. O-15-26]

(1) The term of the member composing Class I shall correspond to the Mayor'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.

(2) 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.

(3) The term of the 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 Class IV member who is also a member of the Board of Education shall terminate whenever he/she is no longer a member of such other body or at the completion of his/her Class IV term, whichever occurs first. The terms of all Class IV members first appointed under this chapter 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 appointment; 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, except as provided above.

D. Alternate members.

(1) The Mayor shall appoint four alternate members who shall meet the qualifications of Class IV members. Alternate members shall serve for a term of two years; provided, however, that the term of not more than two alternate members shall expire in any one year. Such alternate members shall be designated by the Mayor as Alternate No. 1, Alternate No. 2, Alternate No. 3 and Alternate No. 4. In the event that a choice must be made as to which alternate member is to vote, Alternate No. 1 shall vote, then, if needed, Alternate No. 2, then, if needed, Alternate No. 3, and then, if needed, Alternate No. 4.

[Amended 9-12-2017 by Ord. No. O-17-10; 1-28-2020 by Ord. No. O-20-3]

(2) Alternate members may participate in discussions of 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.

(3) 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 Township Committee for cause.

§ 190-15 Additional voting restrictions on certain members.

[Added 12-22-2015 by Ord. No. O-15-26[1]; amended 2-11-2020 by Ord. No. O-20-5]

Pursuant to N.J.S.A. 40:55D-25c(2), Class I and Class III members, as well as any designees or alternates who may be serving in their place, shall not participate in the consideration of applications for development which involve relief pursuant to Subsection d of N.J.S.A. 40:55D-70.

[1] Editor's Note: This ordinance also repealed former § 190-15, Lack of quorum, added 12-27-2005 by Ord. No. O-05-48.

§ 190-16 Organization.

[Amended 12-27-2005 by Ord. No. O-05-48]

Each year in the month of January, the Planning Board shall elect a Chairman and Vice Chairman from the members of Class IV, select a Secretary who may or may not be a member of the Planning Board or a Township employee, and create and fill such other offices as established by ordinance. It may employ, or contract for, and fix the compensation of legal counsel, other than the Township Attorney, and experts and other staff and services as it may deem necessary, not exceeding, exclusive of gifts or grants, the amount appropriated by the Township Committee for its use. All such appointments shall be subject to confirmation by the Township Committee as professional appointments pursuant to N.J.S.A. 40A:11-1 et seq. In the interest of uniformity of treatment for development, the Township Engineer shall serve the Planning Board in his respective field of expertise.

§ 190-17 Powers.

A. Powers specified. The Planning Board shall follow the provisions of this chapter and shall accordingly exercise its power in regard to:

(1) The Master Plan.

(2) Subdivision control and site plan review.

(3) The Official Map.

(4) The zoning provisions including conditional uses.

(5) Any capital improvements program.

(6) Variances and certain building permits in conjunction with subdivision, site plan and conditional use approval.

(7) To the same extent and subject to the same restrictions, all the powers of a board of adjustment as set forth in §§ 190-242, 190-244, 190-246, 190-247 and 190-248.

[Added 12-22-2015 by Ord. No. O-15-26]

B. Additional duties. The Planning Board may:

(1) Participate in the preparation and review of programs or plans required by state or federal law or regulation upon request by the Township Committee.

(2) Assemble data on a continuing basis as a part of a continuous planning process.

(3) Perform such other advisory duties as may be assigned to it by ordinance or resolution of the Township Committee for the aid and assistance of the Township Committee or other agencies or officers.

(4) Waive all or part of the requirements of the provisions of Chapter 336, Trees, and this chapter relating to tree preservation if the developer applies for such waiver and proves by a preponderance of the evidence that: a) the intent and purpose of Chapter 336 as contained in § 336-2 would not be detrimentally affected by such a waiver; b) that it would be unreasonable to require the developer to comply because the detriment of compliance would substantially outweigh the benefit. In deciding upon the waiver request, the Planning Board shall give substantial weight to the opinion of the Forester.

(5) To hear appeals pursuant to § 190-161.2, Riparian Zone.

[Added 7-27-2010 by Ord. No. O-10-13]

C. Powers to approve planned developments. The Planning Board shall have the power to approve planned developments in order to encourage and promote flexibility and economy in layout and design in accordance with this chapter and pursuant to the provisions of N.J.S.A. 40:55D-39 and to grant approvals to general development plans consistent with the provisions of N.J.S.A. 40:55D-4 and § 190-36 of this chapter.

§ 190-18 Referrals to Planning Board.

A. Report of recommendations. Prior to the adoption of a development regulation, revision, or amendment thereto, the Planning Board shall make and transmit to the Township Committee within 35 days after referral a report including recommendations concerning the proposed development regulation, revision or amendment. The Township Committee, when considering the adoption of a development regulation, revision, or amendment thereto, shall review the report of the Planning Board and may disapprove or change any recommendation by vote of a majority of its full authorized membership and shall record in its minutes the reasons for not following such recommendations. Failure of the Planning Board to transmit its report within the thirty-five-day period provided herein shall relieve the Township Committee from the requirements of this subsection in regard to the proposed development regulation, revision or amendment thereto referred to the Planning Board.

B. Matters referred by Township Committee. The Township Committee may refer any matter or class of matter to the Planning Board before final action thereon by any body or officer of the Township. Such reference by the Township Committee shall not extend the time for action by either municipal body or officer whether or not the Planning Board has submitted its report. Whenever the Planning Board shall have made a recommendation regarding a matter authorized by this section, such recommendation may be rejected only by a majority of the full authorized membership of such Township body.

§ 190-19 (Reserved) [1]

[1] Editor's Note: Former § 190-19, Planning Board in lieu of Board of Adjustment, as amended, was repealed 12-22-2015 by Ord. No. O-15-26.

§ 190-20 Time periods.

A. Applications for approval. Whenever an application for approval of a subdivision plat, site plan or conditional use includes a request for relief pursuant to § 190-19 of this chapter, the Planning Board shall grant or deny approval of the application within 95 days of the date upon which the application is deemed complete or within such further time as may be consented to by the applicant. Failure of the Planning Board to act within the time period prescribed 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, and it shall be sufficient in lieu of the written endorsement or other evidence of approval, herein required, and shall be so accepted by the county recording officer for purposes of filing subdivision plats.

B. County Planning Board review or approval. Whenever review or approval of the application by the County Planning Board is required by Section 5 of P.L. 1968, c. 285 (N.J.S.A. 40:27-6.3), in the case of a subdivision, or Section 8 of P.L. 1968, c. 285 (N.J.S.A. 40:27-6.6), in the case of a site plan, the Township Planning Board shall condition any approval that it grants 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.

C. Exercising "Board of Adjustment" powers.

[Added 12-22-2015 by Ord. No. O-15-26]

(1) Whenever the Planning Board is exercising "Board of Adjustment" powers, it shall render a decision not later than 120 days after the date:

(a) An appeal is taken from the decision of an administrative officer; or

(b) Upon which an application is deemed complete.

(2) Failure of the Board to render a decision within such one-hundred-twenty-day period or within such further time as may be consented to by the applicant shall constitute a decision favorable to the applicant.

D. Inquiries as to whether a proposed land use is permissible under the zoning provisions of this chapter or official Zoning Map shall be submitted in writing to the Planning Board, which shall issue a written response within 45 days after the next meeting following receipt of the request or within such additional time as may be consented to by the inquirer.

[Added 12-22-2015 by Ord. No. O-15-26]

§ 190-21 Simultaneous review of conditional use applications.

The Planning Board shall have the power to review and approve or deny conditional uses or site plans simultaneously with review for subdivision approval without the developer being required to make further application to the Planning Board, or the Planning Board being required to hold further hearings. The longest time period for action by the Planning Board, whether it be for subdivision, conditional use, or site plan approval, shall apply. Whenever approval of a conditional use is requested by the developer pursuant to this section, notice of the hearing on the plat shall include reference to the request for such conditional use.

§ 190-22 Advisory committees.

A. Citizen's Advisory Committee. After the appointment of a Planning Board, the Mayor may appoint one or more person as a Citizen's 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 Mayor.

B. Environmental Commission. 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 submitted to the Planning Board. Failure of the Planning Board to make such informational copy available to the Environmental Commission shall not invalidate any hearing or proceeding.

C. Sign Review Subcommittee.

[Added 2-22-2011 by Ord. No. O-11-3]

(1) A Sign Review Subcommittee consisting of three members of whom two shall be appointed by the Planning Board and one shall be appointed by the Architectural Review Board. One professional member of the Township staff shall be appointed by the Mayor as an Administrative Coordinator of the Committee.

[Amended 12-22-2015 by Ord. No. O-15-26]

(2) The Sign Review Subcommittee may review and make recommendations on applications for variances from sign design requirements and for the number and location of signs upon request of the Zoning Officer or Planning Board.

[Amended 12-22-2015 by Ord. No. O-15-26]

(3) The Sign Review Subcommittee shall consider the following in its review and recommendations pertaining to proposed signs based upon the conditions of the site and the surrounding area:

(a) The size, scale, color and materials of the sign or signs, and their relationship to the size, scale, color, materials and proportions of the building.

(b) The compatibility of the sign with the architectural style of the building (i.e., Colonial, Victorian, Early American, etc.). Signs are to be designed to complement the architectural style and scale of the building and are to be designed as an integral architectural element of the building and site to which it principally relates.

(c) The character of neighboring properties in the same zoning district or in the immediate vicinity.

(d) Unusual and exceptional conditions relating to the land or the building situated upon the land which unreasonably limits or restricts the presentation of the advertising message on the sign to the general public from adjacent public rights-of-way such as interference by topographic features, natural vegetation, historic trees, structures on adjacent properties or unusual configuration of streets.

D. Recommendations by the Sign Review Subcommittee shall be in writing to the approving authority and copies shall be provided to the Zoning Officer, Construction Official and the applicant.

[Added 2-22-2011 by Ord. No. O-11-3]