Borough of Gibbsboro, NJ
Camden County
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Table of Contents
Table of Contents

§ 240-1 Board established; membership.

[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:
(1) 
Class I: the Mayor or the Mayor's designee in the absence of the Mayor.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(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.

§ 240-2 Terms of members.

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]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
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]

§ 240-3 Removal of members; reinstatement.

[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.

§ 240-4 Vacancies.

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.

§ 240-5 Organization of Board.

[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.

§ 240-6 Attorney.

[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.

§ 240-7 Employment of staff.

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.

§ 240-8 General powers and duties.

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.
B. 
To administer the provisions of Chapter 324, Site Plan Review, and Chapter 358, Subdivision of Land, in accordance with the provisions of said chapters and the Municipal Land Use Law, P.L. 1975, c. 291 (N.J.S.A. 40:55D-1 et seq.).
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.

§ 240-9 Time limits for decisions.

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]

§ 240-10 Certification of completeness; application procedure.

[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.

§ 240-11 Citizens' Advisory Committee.

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.

§ 240-12 Submission of applications to Environmental Commission.

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.