[Amended 4-15-1980 by Ord. No. 80-3]
A.
There is hereby established in the Borough of Gibbsboro
pursuant to N.J.S.A. 40:55D-1 et seq., as amended, a Planning Board
of seven members consisting of the following four classes:
(2)
Class II: one of the officials of the municipality
other than a member of the governing body 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 are 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 governing body to be appointed
by it.
(4)
Class IV: four other citizens of the municipality
to be appointed by the Mayor.
B.
The members of Class IV shall hold no other municipal
office, position or employment, except that one such member may be
a member of the Zoning Board of Adjustment, one member may be a member
of the Historic Preservation Commission, and one 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, 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.
[Amended 2-26-1997 by Ord. No. 97-1]
C.
There may also be not more than two alternate members
appointed to the Planning Board in the same manner as Class IV members,
who shall be designated by the Chairman of the Planning Board as "Alternate
No. 1" and "Alternate No. 2." Alternate members may participate in
discussion 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.
A.
The term of the member composing Class I shall correspond
with his 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.[1]
B.
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.
C.
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.
D.
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 term 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 Planning
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.
E.
The terms of alternate members shall be for two years,
except that of the alternate members first appointed; one shall be
appointed for a one-year term and one shall be appointed for a two-year
term, said terms to run from January 1 of the year in which the appointment
is made. Thereafter, all appointments shall be made for a term of
two years.
[Added 4-15-1980 by Ord. No. 80-3]
[Added 11-17-1980 by Ord. No. 80-13]
All members of the Planning Board shall automatically
be removed in the event that there is nonattendance at three consecutive
regularly scheduled meetings without good cause therefor. Members
shall be reinstated only upon petitioning for a hearing to establish
that good cause exists.
If a vacancy of any class shall occur otherwise
than by expiration of term, it shall be filled by appointment as provided
above for the unexpired term.
[Amended 5-15-1979 by Ord. No. 79-4]
The Planning Board shall hold an annual or reorganization
meeting at the date and time of the first regularly scheduled meeting
of the Planning Board for the year and such other meetings at such
times and places as the Borough Council may by resolution direct,
but all regular meetings shall be held within the Borough. At the
reorganization meeting, 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.
[Amended 5-15-1979 by Ord. No. 79-4]
There is hereby created the office of Planning
Board Attorney. The Planning Board Attorney's term of office shall
be for one year from January 1 to December 31, and his appointment
shall be made by the Mayor with the consent of the Council, which
shall fix the compensation of or agree upon the rate of compensation
of said Attorney. The Planning Board Attorney shall be an attorney
other than the Municipal 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 shall not, however, exceed, exclusive of
gifts or grants, the amount appropriated by the governing body for
its use.
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.
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.
C.
To approve conditional use applications in accordance with the provisions of Chapter 400, 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 municipal capital
improvement projects projected over a term of six years, and amendments
thereto, and recommend same to the governing body.
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 Planning
Board by the governing body pursuant to the provisions of N.J.S.A.
40:55D-26b.
H.
Reviewing applications.
[Amended 4-15-1980 by Ord. No. 80-3]
(1)
When reviewing applications for approval of subdivision
plats, site plans or conditional uses, 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.
(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 related to a
street.
(2)
Whenever relief is requested pursuant to this section,
notice of a 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.
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.
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)
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 Planning Board before
it will be accepted for filing by the county recording officer.
B.
Preliminary approval of site plans and subdivisions.
Upon submission of a complete application for a site plan which involves
10 acres of land or less and 10 dwelling units or less, or for a subdivision
of 10 or fewer lots, the Planning Board shall grant or deny preliminary
approval within 45 days of certification of completeness of such submission
or within such further time as may be consented to by the developer.
Upon submission of a complete application for a site plan which involves
more than 10 acres or more than 10 dwelling units or for a subdivision
of more than 10 lots, the Planning Board shall grant or deny preliminary
approval within 95 days of the date of certification of completeness
of such submission or within such further time as may be consented
to by the developer. Otherwise the Planning Board shall be deemed
to have granted preliminary approval to the subdivision or site plan.
[Amended 4-15-1980 by Ord. No. 80-3]
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 § 240-8H(1) of this chapter, the Planning 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 Planning Board to act within the 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.
[Amended 5-18-1982 by Ord. No. 82-2]
D.
Final approval. Application for final subdivision
or site plan approval shall be granted or denied within 45 days of
certification of completeness of the 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 shall have 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 from the date of the signing
of the plat.
[Amended 4-15-1980 by Ord. No. 80-3]
[Amended 4-15-1980 by Ord. No. 80-3; 10-25-1989 by Ord. No.
89-28; 4-14-2004 by Ord. No. 2004-03]
A.
Certification of completeness of application. If an
application for site plan review or for preliminary major subdivision
approval is found to be incomplete, the developer shall be notified
in writing of the deficiencies therein by the Board or the Board's
designee for the determination of completeness within 45 days of the
submission of such application or it shall be deemed to be properly
submitted. When it has been determined by the Board or the Board's
designee for the determination of completeness that an application
meets all requirements specified in the ordinance and in the rules
and regulations of the Board, the Board Secretary shall immediately
issue a certificate to the developer that the application is complete,
and the application shall be deemed to be complete as of the day it
was so certified, for purposes of the commencement of the time periods
for actions by the Board.
B.
An application for development must contain a certification of completed submission checklist application to the Planning Board which shall be in the form attached to and made a part of this chapter. Checklist items for general development plans shall follow the required submission items of § 324-27.
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.
Whenever the Environmental Commission has prepared
and submitted to the Planning Board an index of the natural resources
of the municipality, the Planning Board shall make available to the
Environmental Commission an informational copy of every application
for development 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.
