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.
A. 
The term of the member composing Class I shall correspond to the Mayor's 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. 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, except for a Class II member who is also a member of the Environmental Commission. The term of a Class II or a Class IV member who is also 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 comes first.
[Amended 7-18-2000 by Ord. No. 2000-14]
B. 
The term of a Class IV member who is also a member of the Board of Adjustment or the 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.
C. 
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.
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).
A. 
Minor subdivisions. Upon submission of a complete application, the Planning Board shall grant or deny minor subdivision or site plan approvals within 45 days of certification of completion of such submission or within such further time as may be consented to by the developer. 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[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 Chairperson and Secretary of the Planning Board before it will be accepted for filing by the County Recording Officer.
[1]
Editor's Note: See N.J.S.A. 46:23-9.9 et seq.
B. 
Preliminary approval, 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.
(1) 
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.
(2) 
Otherwise the Planning Board shall be deemed to have granted preliminary approval to the subdivision or site plan and the applicant shall comply with the provisions of § 33-37.
C. 
Ancillary powers. Whenever the Planning Board is called upon to exercise its ancillary powers as set forth in § 33-7H of this chapter, the Planning Board shall grant or deny approval of the application within 95 days of certification of completeness of said application by the developer 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 from the Secretary of the Planning Board as to the failure of the Planning Board to act shall be issued upon request of the applicant.
D. 
Final approval.
(1) 
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. Failure of the Planning Board to act within the period prescribed shall constitute approval of the application and a certificate from the Secretary of the Planning Board as to the failure of the Planning Board to act shall be issued upon request of 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. The Planning Board may, for good cause shown, extend the period for an additional period not to exceed 190 days from the date of signing of the plat.
[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[1] for minor subdivision approval;
[1]
Editor's Note: Schedule A is included at the end of this chapter.
(c) 
The number of copies of the application required by the the checklist in Schedule A[2] for major subdivision approval;
[2]
Editor's Note: Schedule A is included at the end of this chapter.
(d) 
The number of copies of an application required by the checklist in Schedule A[3] for either major and minor site plan review, conditional use approval, plan development and/or variance approval.
[3]
Editor's Note: Schedule A is included at the end of this chapter.
(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.