[1]
Editor's Note: Former Art. II, Planning Board, was retitled "Land Use Board" in accordance with Ord. No. 2002-14, adopted 12-9-2002.
[Amended 4-9-1990 by Ord. No. 90-3; 12-9-2002 by Ord. No. 2002-14]
A. 
A Land Use Board is hereby established, consisting of nine members who shall serve for their respective terms pursuant to N.J.S.A. 40:55D-23. The nine members of the Land Use Board shall consist of the following classes:
(1) 
Class I: the Mayor.
(2) 
Class II: one of the officials of the municipality other than a member of the governing body, to be appointed by the Mayor.
(3) 
Class III: a member of the governing body to be appointed.
(4) 
Class IV: six other citizens of the municipality who shall be appointed by the Mayor. Said members shall not hold any other municipal office, position or employment, except that one member may be a member of the Historic Preservation Commission and one member may be a member of the Board of Education. If the municipality has an Environmental Commission, a member of the Environmental Commission shall be a member of the Land Use Board as required by Section 1 of P.L. 1968, c. 245 (N.J.S.A. 40:56A-1), who shall be a member of Class IV of the Land Use Board unless there are among the Class IV or alternate members of the Land Use Board a member of the Historic Preservation Commission and a member of the Board of Education, in which case said Environmental Commission member shall be the Class II member of the Land Use Board.
B. 
Alternate members.
(1) 
There shall be four alternate members appointed to the Land Use Board as Class IV members. The Mayor shall appoint said alternate members, and they shall meet the qualification of Class IV members as hereinafter provided. Said alternate members shall be designated at the time of their appointment by the Mayor as "Alternate No. 1," "Alternate No. 2," "Alternate No. 3," and "Alternate No. 4." Alternate members of Class IV shall serve a for a term of two years, except that the terms of the alternate members shall be such that the term of not more than one alternate member shall expire in any one year; provided, however, that the term of not more than two alternate members shall expire in any one year; and provided further that in no instance shall the terms of the alternate members first appointed exceed two years.
(2) 
Said alternate members may participate in discussions of the proceedings but may not vote except in the absence of 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.
A. 
The term of the Mayor shall correspond with his official tenure. The term of the members composing Class II shall be for one year or shall terminate at the completion of the respective term of office, whichever occurs first. The term of the Class IV member who is also a member of the Environmental Commission shall be for three years or shall terminate at the completion of his term of office as a member of the Environmental Commission, whichever occurs first.
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 terms shall be distributed evenly over the first four years after their appointment as determined by resolution of the governing body; 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 Land Use 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.
[Amended 12-9-2002 by Ord. No. 2002-14]
C. 
Any member of the Board other than the Class I member (after a public hearing, if he requests one) may be removed by the governing body of Franklin Township for cause. Absence from three consecutive meetings shall be deemed prima facie evidence of cause.
If a vacancy of any class shall occur other than by expiration of term, it shall be filled by appointment as above provided for the unexpired term.
The 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 Board or a municipal employee designated by it.
[Amended 12-9-2002 by Ord. No. 2002-14]
There is hereby created the office of Land Use Board Attorney. The Board may annually appoint, fix the compensation of or agree upon the rate of compensation of the Land Use Board Attorney, who shall be an attorney other than the Municipal Attorney.
The 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 governing body for its use.
[Amended 12-9-2002 by Ord. No. 2002-14]
The Land Use 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:67-1 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 municipality, including any areas outside its boundaries which, in the Board's judgment, bear essential relation to the planning of the municipality, in accordance with the provisions of N.J.S.A. 40:55D-28.
B. 
To administer the provisions of the Land Subdivision Ordinance and Site Plan Review Ordinance of the municipality in accordance with the provisions of said ordinances and N.J.S.A. 40:55D-37 et seq.
C. 
To approve conditional use applications in accordance with the provisions of the Zoning Ordinance 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 prepare a program of municipal capital improvement projects projected over a term of six years, and amendments thereto, and recommend the same to the governing body in accordance with the provisions of N.J.S.A. 40:55D-29 et seq.
G. 
To consider and make report to the governing body, within 35 days after 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 Land Use Board by the governing body pursuant to the provisions of N.J.S.A. 40:55-D26b.
H. 
When reviewing applications for approval of subdivision plats, site plans or conditional uses, to grant variances and related relief in accordance with the provisions of N.J.S.A. 40:55D-60 et seq.
I. 
To perform such other advisory duties as are assigned to it by ordinance or resolution of the governing body for the aid and assistance of the governing body or other agencies or officers.
J. 
To report and make recommendations concerning an Official Map in accordance with the provisions of N.J.S.A. 40:55D-32 et seq.
K. 
Hear and decide appeals where it is alleged by the appellant that there is error in any order, requirement, decision or refusal made by an administrative official or agency based on or made in the enforcement of the Zoning Ordinance.
L. 
Hear and decide requests for interpretation of the Zoning Map or Zoning Ordinance or for decisions upon other special questions upon which such Board is authorized by the Zoning Ordinance to pass.
M. 
Where, by reason of exceptional narrowness, shallowness or shape of a specific piece of property or by reason of exceptional topographic conditions or physical features uniquely affecting a specific piece of property or by reason of an extraordinary and exceptional situation uniquely affecting a specific piece of property or the structures lawfully existing thereon, the strict application of any regulation in the Zoning Ordinance would result in peculiar and exceptional practical difficulties to or exceptional and undue hardship upon the developer of such.
N. 
Variances.
(1) 
In particular cases and for special reasons, grant a variance to allow departure from the Zoning regulations to permit a use or principal structure in a district restricted against such use or principal structure; an expansion of a nonconforming use; deviation from a specification or standard pursuant to N.J.S.A. 40:55D-67 pertaining solely to a conditional use; an increase in the permitted floor area ratio as defined in N.J.S.A. 40:55D-4; an increase in the permitted density as defined in N.J.S.A. 40:55D-4, except as applied to the required lot area for a lot or lots for detached one or two-dwelling unit buildings, which lot or lots are either an isolated undersized lot or lots resulting from a minor subdivision, or a height of a principal structure which exceeds by 10 feet or 10% the maximum height permitted in the district for a principal structure, A variance under this subsection shall be granted only by affirmative vote of at least five members of the Board.
(2) 
No variance or other relief may be granted under the terms of this section unless such variance or other relief can be granted without substantial detriment to the public good and will not substantially impair the intent and the purpose of the Zone Plan and Zoning Ordinance. In respect of any airport hazard areas delineated under the Air Safety and Hazardous Zoning Act of 1983, P.L. 1983, c. 260 (N.J.S.A. 6:1-80 et seq.), no variance or other relief may be granted under the terms of this section permitting the creation or establishment of a nonconforming use which would be prohibited under the standards promulgated pursuant to that act, except upon issuance of a permit by the Commissioner of Transportation. An application under this section may be referred to any appropriate person or agency for its report, provided that such reference shall not extend the period of time within which the Land Use Board shall act.
A. 
Minor subdivisions. Minor subdivision approval shall be granted or denied within 45 days of the date of submission of a complete application to the Board or within such er time as may be consented to by the applicant. Failure of the Board to act within the period described shall constitute minor subdivision approval. Approval of a minor subdivision shall expire 190 days from the date of approval unless, within such period, a plat in conformity with such approval and the provision s of the Map Filing Law[1] 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 must be signed by the Chairman and Secretary of the Board before it will be accepted for filing by the County recording officer. If, in order to receive minor subdivision approval, it is mandated that a developer's agreement, or such other similar agreement, must be fully executed, the same must be recorded within the aforenoted 190 days with the County recording officer, additionally, and all Land Use Board resolution(s) relating to the minor subdivision must likewise be recorded with the one-hundred-ninety-day period.
[Amended 8-26-1996 by Ord. No. 96-11; 12-9-2002 by Ord. No. 2002-14]
[1]
Editor's Note: See N.J.S.A. 46:23-9.9 et seq.
B. 
Preliminary approval of major subdivisions. Upon submission of a complete application for a subdivision of 10 or fewer lots, the 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 applicant. Upon submission of a complete application for a subdivision of more than 10 lots, the 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 applicant. Otherwise, the Board shall be deemed to have granted preliminary approval for the subdivision.
C. 
Effect of preliminary approval. Preliminary approval of a major subdivision pursuant to Subsection B of this section or of a site plan pursuant to Article IX of this chapter shall, except as provided in Subsection D of this section, confer upon the applicant the rights set forth in N.J.S.A. 40:55D-49.
D. 
Ancillary powers. Whenever the Board is called upon to exercise its ancillary powers before the granting of a variance as set forth in § 90-10H of this chapter, the 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. Failure of the Board to act within the period prescribed shall constitute approval of the application.
E. 
Final approval.
(1) 
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.
(2) 
Final approval of a major subdivision shall expire 95 days from the date of signing of the plat unless, within such period, the plat shall have been duly filed by the developer with the County recording officer. Within said ninety-five-day period, the fully executed developer's agreement, whether it be entitled as such or otherwise, along with any and all Land Use Board resolution(s) regarding the approval of the major subdivision, shall be recorded with the County recording officer. The Board may, for good cause shown, extend the period for recording both documents for an additional period not to exceed 190 days from the date of signing of the plat.
[Amended 8-26-1996 by Ord. No. 96-11; 12-9-2002 by Ord. No. 2002-14]
F. 
Effect of final approval of a site plan or major subdivision. Final approval of a major subdivision or of a site plan shall confer upon the applicant the rights set forth in N.J.S.A. 40:55D-52.
G. 
Incomplete application. If the application for development is found to be incomplete, the developer shall be notified thereof within 45 days of submission of such application, or it shall be deemed to be properly submitted.
[Amended 4-12-1982 by Ord. No. 82-2; 1-25-1988 by Ord. No. 88-3; 10-2-2006 by Ord. No. 2006-11]
Applications for development within the jurisdiction of the Board pursuant to the provisions of N.J.S.A. 40:55D-1 et seq. shall be filed with the Secretary of the Board. The applicant shall file, at least 21 days before the date of the monthly meeting of the Board, 16 copies of a sketch plat/plans, 16 copies of the appropriate application along with all items on the appropriate checklist. All sketch plats must comply with the requirements of § 90-45A of this chapter. All resubmissions must be submitted a minimum of 14 days prior to the meeting unless otherwise directed. The applicant shall obtain all necessary forms from the Secretary of the Board.