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