There is hereby established in the Township
of Hardyston pursuant to N.J.S.A. 40:55D-1 et seq., as amended, a
Planning Board of nine members consisting of the following classes:
A. Class I - The Mayor or the Mayor's designee in the
absence of the Mayor.
[Amended 7-18-2000 by Ord. No. 2000-14]
B. 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 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 in the event that
there is among the Class IV or alternate members of the Planning Board
both a member of the Zoning Board of Adjustment and a member of the
Board of Education.
C. Class IV - Other citizens of the municipality to be
appointed by the Township Council. 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 or Historic
Preservation Commission, if any. A member of the Board of Education
may be a Class IV member. 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 is
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. 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 office.
(1) 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 Chairperson of the Planning Board as
"Alternate No. 1" and "Alternate No. 2."
(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.
If a vacancy of any class shall occur otherwise
than by expiration of term, it shall be filled by appointment as above
provided for the unexpired term.
The Planning Board shall elect a Chairperson
and Vice Chairperson from the members of Class IV and select a Secretary
who may be either a member of the Planning Board or a Township employee
designated by it.
There is hereby created the office of Planning
Board Attorney. The Planning Board may annually appoint, fix the compensation
of 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 shall not, however, exceed, exclusive of
gifts or grants, the amount appropriated by the governing body for
its use.
The Planning Board is authorized to adopt bylaws
governing its procedural operation. It shall also have the following
powers and duties:
A. To make and adopt from time to time amend a Master
Plan for the physical development of the Township, including any areas
outside its boundaries, which in the Board's judgment bear essential
relation to the planning of the Township, in accordance with the provisions
of N.J.S.A. 40:55D-28. Said Master Plan shall be reexamined every
six years in accordance with the provisions of N.J.S.A. 40:55D-89.
The next reexamination shall be completed by August 1, 1988, and thereafter,
a reexamination shall be completed at least once every six years from
the previous reexamination. The absence of the adoption of the Planning
Board of a reexamination report pursuant to statute shall constitute
a rebuttable presumption that the municipal development regulations
are no longer reasonable.
B. To administer the provisions of Chapter
158, Subdivision of Land, and Chapter
147, Site Plan and General Development Plan Review, for planned developments in accordance with the provisions of the ordinances and Municipal Land Use Law N.J.S.A. 40:55-1 et seq. The Planning Board shall have the authority pursuant to N.J.S.A. 40:55D-1 et seq. to review and approve general development plans for planned developments in the village center of the Commercial Recreation District and any other districts in which a planned development is authorized, including but not limited to planned developments, planned unit residential developments, planned commercial developments, residential cluster developments, and residential off-site cluster developments. The provisions of the Municipal Land Use Law regarding planned developments are hereby incorporated by reference, and said provisions authorize the Planning Board and the Township to approve planned developments with the features and provisions authorized in the Municipal Land Use Law. (See N.J.S.A. 40:55D-45 through and including 40:55D-45.8.) The provisions of the MLUL generally and, in particular, the provisions regarding planned developments authorize municipalities to adopt the form based code set forth in the planned village center provisions of §
185-44A(2).
[Amended 7-2-2007 by Ord. No. 2007-09]
C. To hear applications for conditional uses and in proper cases to approve conditional use permits in accordance with the provisions of Chapter
185, Zoning, pursuant to N.J.S.A. 40:55D-67.
D. To participate in the preparation and review of programs
or plans required of the Planning Board 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 over a term of six years, and amendments thereto,
and recommend the 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-26(a)
which report shall identify any provisions in the proposed development
regulation, revision or amendment which are inconsistent with the
Master Plan, and shall include recommendations concerning these inconsistencies,
and any other matters the Board deems appropriate; and also pass upon
other matters specifically referred to the Planning Board by the governing
body pursuant to provisions of N.J.S.A. 40:55D-26(b).
H. Whenever the proposed development requires approval
of a subdivision, site plan or conditional use, but not a variance
pursuant to N.J.S.A. 40:55D-70(d), to grant to the same extent and
subject to the same restrictions as the Board of Adjustment:
(1) Variances pursuant to N.J.S.A. 40:55D-70(c).
(2) 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.
(3) 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.
(4) Whenever relief is requested pursuant to this section,
notice of the 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.
(5) The developer may elect to submit a separate application requesting approval of the variance or direction of the issuance of a permit, and a subsequent application for any required approval for a subdivision, site plan or conditional use. The separate approval of the variance or direction of the issuance of a permit shall be conditioned upon grant of all required subsequent approvals by the Planning Board. No such subsequent approval shall be granted unless the approval can be granted without substantial detriment to the public good and without substantial impairment of the intent or purpose of the zone plan and Chapter
185, Zoning.
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 consider and make a report within 45 days of its
receipt upon any petition for annexation submitted to the governing
body of the municipality and referred to the Planning Board pursuant
to the provisions of N.J.S.A. 40A:7-12.
K. To review a petition for inclusion of a parcel in
a municipally approved Farmland Preservation Program pursuant to N.J.S.A.
4:1C-21(c).
[Amended 7-18-2000 by Ord. No. 2000-14; 10-16-2001 by Ord. No. 2001-10; 11-23-2010 by Ord. No.
2010-24]
A. Applications for development within the jurisdiction of the Planning Board shall be reviewed for completeness in accordance with the provisions of §
33-33 of this chapter.
B. Procedure for filing application.
(1) Applications for development within the jurisdiction
of the Planning Board, pursuant to the provisions of N.J.S.A. 40:55D-1
et seq., shall be filed with the Secretary of the Planning Board.
The applicant shall file at least 30 days before the date of the monthly
meeting of the Board:
(a)
Eighteen copies of any conceptual plan to be
reviewed by the Planning Board, for which no charge shall be made;
(b)
The number of copies required in the checklist
in Schedule A for minor subdivision approval;
(c)
The number of copies of the application required
by the the checklist in Schedule A for major subdivision approval;
(d)
The number of copies of an application required
by the checklist in Schedule A for either major and minor site plan review, conditional
use approval, plan development and/or variance approval.
(2) At the time of filing this application, but in no
event less than 30 days prior to the date set for a hearing (unless
approved by the Board), 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.
(3) The applicant shall also obtain all necessary forms
from the Secretary of the Planning Board. The Secretary of the Planning
Board shall inform the applicant of the steps to be taken to initiate
applications and of the regular meeting dates of 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.
[Amended 7-18-2000 by Ord. No. 2000-14]
Whenever the Environmental Commission has prepared
and submitted to the Planning Board and the Board of Adjustment an
index of the natural resources of the municipality, the Planning Board
or the Board of Adjustment shall make available to the Environmental
Commission an informational copy of every application for development
submitted to either Board. Failure of the Planning Board or the Board
of Adjustment to make such informational copy available to the Environmental
Commission shall not invalidate any hearing or proceeding.
The Board shall adopt such rules and regulations
as may be necessary to carry into effect the provisions and purposes
of the 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.