[Amended by Ord. No. 2000-18]
There is hereby established in the Township,
pursuant to N.J.S.A. 40:55D-1 et seq., a Planning Board of nine members
and two alternate members consisting of the following classes:
A.
Regular members.
(1)
Class I. The Mayor or the Mayor's designee in the
absence of the Mayor.
(2)
Class II. One of the officials of the Township other
than a member of the Township Council, 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 if there is both a member of the Zoning
Board of Adjustment and a member of the Board of Education among the
Class IV members.
(3)
Class III. A member of the Council, to be appointed
by it.
(4)
Class IV. Six other citizens of the municipality,
to be appointed by the Mayor. The members of Class IV shall hold no
other municipal office, position or employment, except that one member
may be a member of the Zoning Board of Adjustment or Historic Preservation
Commission. No member of the Board of Education may be a Class IV
member of the Planning Board except that one Class IV member may be
a member of the Board of Education. If there be a Municipal 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 a Class IV Planning Board member, unless there be among the
Class IV or alternate members of the Planning Board both a member
of the Zoning Board of Adjustment or Historic Preservation Commission
and a member of the Board of Education, in which case the member common
to the Planning Board and Municipal Environmental Commission shall
be deemed a Class II member of the Planning Board. For the purpose
of this section, membership on a municipal board or commission whose
function is advisory in nature, and the establishment of which is
discretionary and not required by statute, shall not be considered
the holding of municipal office.
B.
Alternate members.
(1)
Two alternate members shall be appointed to the Planning
Board by the Mayor. They shall meet all qualifications of Class IV
members. At the time of their appointment they shall be designated
as "Alternate No. 1" and "Alternate No. 2."
(2)
Alternate members may participate in discussions of
the 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. In
the event that a choice must be made as to which alternate member
is to vote, Alternate No. 1 shall vote.
C.
Substitute members. If the Planning Board should lack
a quorum because any of its regular or alternate members is prohibited
from acting on a matter due to the member's personal or financial
interests therein, regular members of the Zoning Board of Adjustment
shall be called upon to serve, for that matter only, as temporary
members of the Planning Board. Members of the Zoning Board of Adjustment
shall be chosen in order of seniority of continuous service to the
Board of Adjustment until there are the minimum number of members
necessary to constitute a quorum to act upon the matter. If a choice
should have to be made between regular members of equal seniority,
the Chairperson of the Board of Adjustment shall make the choice.
[Amended by Ord. No. 1986-12; Ord. No. 2000-18]
A.
Regular members.
(1)
The term of the member composing Class I shall correspond
with his or her official term 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
Class II and Class III members shall be for one year or terminate
at the completion of their respective terms of office, whichever occurs
first, except for a Class II member who shall also be a member of
the Environmental Commission. The term of a Class II or Class IV member
who shall also be a member of the Environmental Commission shall be
for three years, or terminate at the completion of his or her term
of office as a member of the Environmental Commission, whichever occurs
first.
(2)
The term of a Class IV member who shall also be a
member of the Zoning Board of Adjustment or a Board of Education shall
terminate whenever he or she is no longer a member of such other body,
or at the completion of his or her Class IV term, whichever occurs
first.
(3)
The terms of all Class IV members shall be for four
years, except as otherwise hereinabove provided.
(4)
All terms shall run from January 1 of the year in
which the appointment is made. Any member other than a Class I member,
after a public hearing if he or she requests one, may be removed by
the Council for cause.
[Amended 9-3-2019 by Ord. No. 2019-19]
B.
Alternate members. The terms of the alternate members
shall be for two years, except that the terms of the alternate members
shall expire in alternate years.
If a vacancy in any class occurs other than
by expiration of term, it shall be filled by appointment, as above
provided, for the unexpired term.
The Planning Board shall select a Chairperson
and Vice Chairperson from the members of Class IV, and shall also
select a Secretary and an Assistant Secretary, who may be either a
member of the Planning Board or a Township employee.
The Planning Board may annually appoint and,
subject to the appropriation of funds, fix the compensation or agree
upon the rate of compensation of the Planning Board Attorney, who
shall be an attorney other than the Township Attorney.
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, however, shall not exceed, exclusive of
gifts or grants, the amount appropriated by the Council for its use.
The Planning Board is authorized to adopt such
rules and regulations as may be necessary to carry into effect the
provisions and purposes of the land use ordinances. In the issuance
of subpoenas, administration of oaths and taking of testimony, the
provisions of the County and Municipal Investigations Law, N.J.S.A.
2A:67A-1 et seq., shall apply. 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
a specific policy statement respecting its relationship to any areas
outside its boundaries which, in the Board's judgment, bear essentially
upon the planning of the Township, reworded to provide for a policy
statement rather than regulation, in accordance with the provisions
of N.J.S.A. 40:55D-28.
C.
To approve conditional use applications in accordance with the provisions of Chapter 355, Zoning, 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 Township capital
improvement projects projected over a term of six years, and amendments
thereto, and to recommend same to the Township Council. The operating
departments of the Township and the respective boards of education
are to be requested by letter to indicate their requirements.
G.
To establish the Official Map, pursuant to an ordinance
of the Council, and recommend amendments to the same, pursuant to
N.J.S.A. 40:55D-32 and 40:55D-33.
H.
To consider and report to the Council within 35 days
of referral as to 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 Council pursuant to the provisions of N.J.S.A. 40:55D-26b.
I.
Variances or direction for issuance of a permit.
(1)
When reviewing applications for approval of a subdivision,
site plan or conditional use, to grant to the same extent and subject
to the same restrictions as the Zoning Board of Adjustment:
(a)
Variances pursuant to N.J.S.A. 40:55D-70c from
lot area, lot dimensional setback and yard requirements, provided
that such relief from lot area requirements shall not be granted for
more than one lot.
(b)
Direction, pursuant to N.J.S.A. 40:55D-34, for
issuance of a permit for a building or structure in the bed of a mapped
street or public drainageway, flood control basin or public area reserved
pursuant to N.J.S.A. 40:55D-32.
(c)
Direction, pursuant to N.J.S.A. 40:55D-36, for
issuance of a permit for a building or structure not relating to a
street.
(2)
Whenever relief is requested, pursuant to the provisions
of this subsection, notice of a hearing on the application for development
shall include reference to the request for variance or direction for
issuance of a permit, as the case may be.
J.
To perform other advisory duties as may be assigned
to it by ordinance or resolution of the Council for the aid and assistance
of the Council or other agencies or officers.
[Amended by Ord. No. 2000-18]
A.
Minor subdivisions. Minor subdivision approvals shall
be granted or denied within 45 days of the date of submission of a
complete application to the Planning Board, 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, N.J.S.A. 46:23-9.9
et seq., or a deed clearly describing the approved minor subdivision,
is filed by the developer with the county recording officer, the Township
Engineer and the Township Tax Assessor. Any such plat or deed shall
be signed by the Chairperson and Secretary of the Planning Board before
it is accepted for filing by the County Recording Officer.
B.
Preliminary approval, major subdivisions. Upon submission
of a complete application for a subdivision of 10 or fewer lots, the
Planning Board shall grant or deny preliminary approval within 45
days of the date of such submission, or within such further time as
may be consented to by the developer. Upon submission of a complete
application for a subdivision of more than 10 lots, the Planning Board
shall grant or deny preliminary approval within 95 days of the date
of such submission, or within such further time as may be consented
to by the developer.
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 § 37-7I, the Planning Board shall grant or deny approval of the application within 120 days after submission by a developer of a complete application to the administrative officer, or within such further time as may be consented to by the applicant.
D.
Final approval, major subdivisions. Application for
final subdivision approval shall be granted or denied within 45 days
of submission of a complete application, or within such further time
as may be consented to by the applicant. Final approval of a major
subdivision shall expire 95 days from the date of signing of the plat,
unless within such period the plat has been duly filed by the developer
with the county recording officer. The Planning Board may, for good
cause shown, extend the period for recording for an additional period
not to exceed 190 days.
E.
Site plan approval.
(1)
Minor site plan approval shall be granted or denied
within 45 days of the date of the submission of a complete application
to the administrative officer, or within such further time as may
be consented to by the applicant. Minor site plan approval shall be
deemed to be final approval of the site plan by the Planning Board,
subject to any conditions that the Board may impose.
(2)
Upon submission of a complete application for preliminary
approval for a major site plan for 10 acres of land or less, and 10
dwelling units or less, the Planning Board shall grant or deny preliminary
approval within 45 days of the date of submission or within such further
time as may be consented to by the developer. Upon submission of a
complete application for preliminary approval for a major site plan
for more than 10 acres, or more than 10 dwelling units, the Planning
Board shall grant or deny preliminary approval within 95 days of submission
or within such further time as may be consented to by the developer.
F.
Approval procedures for conditional uses.
(1)
The Planning Board shall take action on an application
for a conditional use within 95 days of submission of a complete application
or within such further time as may be consented to by the applicant.
(a)
This time period shall be extended to be concurrent
with the review of a site plan application.
(b)
An approval shall be conditioned upon receipt
of a favorable recommendation from the County Planning Board or other
appropriate agency.
(c)
Failure to render a timely decision shall be
deemed an approval, as required by N.J.S.A. 40:55D-67.
(2)
The Zoning Board of Adjustment shall take action on
a conditional use approval application which includes a request for
relief pursuant to N.J.S.A. 40:55D-70d within 120 days after the application
has been certified complete or within such further time as may be
consented to by the applicant. In the event that the applicant elects
to submit separate consecutive applications, the aforesaid provision
shall apply to the application for approval of the variance. The period
for granting or denying any subsequent approval shall be as otherwise
provided in N.J.S.A. 40:55D-1 et seq. Failure of the Zoning Board
of Adjustment to act within the prescribed time period shall constitute
approval of the application.
(3)
Effect of approval. The rights granted to an applicant
upon approval of conditional use shall be effective from the date
of approval for a period of one year unless the applicant has commenced
such use within such one-year period. Rights granted shall expire
upon the expiration of such one-year period in the event the applicant
has not commenced such use or upon the abandonment of the use.
G.
Completeness of application.
(1)
An application for development shall be complete for
purposes of commencing the applicable time period for action by the
Planning Board when so certified by the Planning Board or its authorized
designee. In the event that the Planning Board or designee does not
certify the application to be complete within 45 days of the date
of its submission, the application shall be deemed complete upon the
expiration of the forty-five-day period for purposes of commencing
the applicable time period unless:
(a)
The application lacks information required by
the specific land development ordinances for the particular type of
application, which list of requirements shall be provided to the applicant;
and
(b)
The Planning Board or its designee has notified
the applicant, in writing, of the deficiencies in the application
within 45 days of submission of the application.
(2)
The applicant may request that one or more of the
submission requirements be waived, in which event the Planning Board
shall grant or deny the request within 45 days. Nothing herein shall
be construed as diminishing the applicant's obligation to prove in
the application process that he or she is entitled to approval of
the application. The Planning Board may subsequently require correction
of any information found to be in error and submission of additional
information not specified in the ordinance or any revisions in the
accompanying documents, as are reasonably necessary to make an informed
decision as to whether the requirements necessary for approval of
the application for development have been met. The application shall
not be deemed incomplete for lack of any such additional information
or any revisions in the accompanying documents so required by the
Planning Board.
The Mayor 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 Mayor.
Applications for development within the jurisdiction
of the Planning Board shall be filed with the Secretary of the Planning
Board. Applicants shall file at least 14 days before the date of the
monthly meeting of the Board three copies of a sketch plat; three
copies of the application for minor subdivision approval; three copies
of the application for major subdivision approval; or three copies
of the 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 plot plans, maps or other papers required
by virtue of any provisions 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.
