[Amended by Ord. No. 49-1997]
The Planning Board of the Township, as heretofore
established, is hereby continued. The Planning Board of nine members,
pursuant to N.J.S.A. 40:55D-1 et seq., shall consist of four classes
of members as follows:
A.
Class I: the Mayor or the Mayor's designee in the
absence of the Mayor.
B.
Class II: one of the officials of the Township other
than a member of the Township Council, 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 for purposes of this chapter in the
event that there are among the Class IV members of the Planning Board
both a member of the Zoning Board of Adjustment and a member of the
Board of Education.
C.
Class III: a member of the Township Council to be
appointed by it.
D.
Class IV: six citizens of the Township 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 or Board of Education. If there is a Municipal Environmental
Commission, the member of the Environmental Commission who is also
a member of the Planning Board, as required by Section 1 of P.L. 1968,
c. 245 (N.J.S.A. 40:56A-1), shall be a Class IV Planning Board member,
unless there are among the Class IV or 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 by Ord. No. 49-1997]
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.
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, except for a Class
II member who is also a member of the Environmental Commission. The
term of a Class II or 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.
C.
The term of a Class IV member who is also a member
of the Board of Adjustment or Board of Education shall terminate whenever
he is no longer a member of such other body or at the completion of
his Class IV term, whichever occurs first. The terms of all Class
IV members first appointed under this chapter shall be so determined
that, to the greatest practical extent, the expiration of such terms
shall be distributed evenly over the first four years after their
appointment, provided that the initial Class IV term of no member
shall exceed four years. Thereafter the Class IV term of each such
member shall be four years.
D.
Nothing contained 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.
All terms shall run from January 1 of the year in which the appointment
is made.
If a vacancy in any class shall occur otherwise
than by expiration of the Planning Board term, it shall be filled
by appointment, as above provided, for the unexpired term.
Any member other than a Class I member, after
a public hearing if he requests one, may be removed by the Township
Council for cause.
No member of the Planning Board shall be permitted
to act on any matter in which he has either directly or indirectly
any personal or financial interest.
A.
The Planning Board shall elect a Chairman and Vice
Chairman from the members of Class IV, select a Secretary, who may
or may not be a member of the Planning Board or a Township employee,
and create and fill such other offices as established by ordinance.
B.
It may employ or contract for and fix the compensation
of legal counsel, other than the Municipal Attorney, and experts and
other staff and services as it may deem necessary, not exceeding,
exclusive of gifts or grants, the amount appropriated by the Township
Council for its use.
[Added by Ord. No. 4-1987]
A.
The Planning Board of the Township of Livingston shall
include two alternate members, who shall serve during the absence
or disqualification of any regular member or members, pursuant to
N.J.S.A. 40:55D-23.1.
B.
Alternate members shall be designated at the time
of appointment by the Mayor as "Alternate No. 1" and "Alternate No.
2." The terms of the alternate members shall be for 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 in no instance shall the terms of the alternate
members first appointed exceed two years. A vacancy occurring otherwise
than by expiration of term shall be filled by the appointing authority
for the unexpired term only.
C.
No alternate member shall be permitted to act on any
matter in which he has either directly or indirectly any personal
or financial interest. An alternate member may, after public hearing
if he requests one, be removed by the governing body for cause.
D.
Alternate members may participate in discussions 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.
[Added by Ord. No. 7-1992]
If the Planning Board lacks a quorum because any of its regular or alternate members are prohibited by § 170-8 or 170-10C from acting on a matter due to the member's personal or financial interest therein, regular members of the Board of Adjustment shall be called upon to serve, for that matter only, as temporary members of the Planning Board in order of seniority of continuous service to the Board of Adjustment until there are the minimum number of members necessary to constitute a quorum to act upon the matter without any personal or financial interest therein, whether direct or indirect. If a choice has to be made between regular members of equal seniority, the Chairman of the Board of Adjustment shall make the choice.
The Planning Board shall be governed by and
shall have such powers as are conferred upon it by N.J.S.A. 40:55D-1
et seq. More specifically, the Planning Board shall have authority
to:
A.
Master Plan: prepare, adopt and from time to time
amend or revise a Master Plan for the Township.
B.
Subdivision and site plans: exercise control over
the review of subdivisions and site plans in accordance with this
chapter.
C.
Continuing planning: assemble data on a continuing
basis as part of a continuous planning process.
D.
Conditional uses: exercise such control as may be
conferred upon it by this chapter over the granting of applications
for conditional uses.
E.
Variances and directions.
(1)
Whenever the proposed development requires approval
of a subdivision, site plan or conditional use, but not a variance
pursuant to Subsection d of Section 57 of P.L. 1975, c. 291 (N.J.S.A.
40:55D-70d), the Planning Board shall have the power to grant to the
same extent and subject to the same restrictions as the Board of Adjustment:
(a)
Variances pursuant to Subsection 57c of Chapter
291 of the Laws of New Jersey 1975 (N.J.S.A. 40:55D-70c).
(b)
Direction pursuant to Section 25 of said act
(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 on an official map pursuant to Section
23 of said act (N.J.S.A. 40:55D-32).
(c)
Direction pursuant to Section 27 of said act
(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 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.
(3)
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 of
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 and purpose
of the zone plan and Zoning Ordinance.
(4)
Any variances granted by the Planning Board pursuant
to N.J.S.A. 40:55D-70c shall run concurrently with the subdivision
or site plan containing said variances. The variance or variances
shall be valid for as long as the approved subdivision or site plan
is valid.
F.
Review of capital projects. Whenever the Planning
Board shall have adopted any portion of the Master Plan, the Township
Council or other public agency having jurisdiction over the subject
matter, before taking action necessitating the expenditure of any
public funds, incidental to the location, character or extent of such
project, shall refer the action involving such specific project to
the Planning Board for review and recommendation in conjunction with
such Master Plan and shall not act thereon, without such recommendation
or until 45 days have elapsed after such reference without receiving
such recommendation. This requirement shall apply to action by a housing,
parking, highway, special district or other authority, redevelopment
agency, school board or other similar public agency, state, county
or municipal.
G.
Referrals.
(1)
Prior to the adoption of a development regulation,
revision or amendment thereto, the Planning Board shall make and transmit
to the Township Council, within 35 days after referral, a report including
recommendations concerning the proposed development regulation, revision
or amendment. The Township Council, when considering the adoption
of a development regulation, revision or amendment thereto shall review
the report of the Planning Board and may disapprove or change any
recommendation by a vote of a majority of its full authorized membership
and shall record in its minutes the reasons for not following such
recommendations. Failure of the Planning Board to transmit its report
within the thirty-five-day period provided herein shall relieve the
Township Council from the requirements of this subsection in regard
to the proposed development regulation, revision or amendment thereto
referred to the Planning Board.
(2)
The governing body may, by ordinance, provide for
the reference of any matter or class of matters to the Planning Board
before final action thereon by a municipal body or municipal officer
having final authority thereon except for any matter under the jurisdiction
of the Board of Adjustment. Whenever the Planning Board shall have
made a recommendation regarding a matter authorized by this chapter
to another municipal body, such recommendation may be rejected only
by a majority of the full authorized membership of such other body.
H.
Simultaneous review. The Planning Board shall have
the power to review and approve or deny conditional uses or site plans
simultaneously with review for subdivision approval without the developer
being required to make further application to the Planning Board,
or the Planning Board being required to hold further hearings. The
longest time period for action by the Planning Board, whether it be
for subdivision, conditional use or site plan approval, shall apply.
Whenever approval of a conditional use is requested by the developer
pursuant to this section, notice of the hearing on the plat shall
include reference to the request for such conditional use.
I.
Other functions. Exercise such other duties as may
be assigned to it by ordinance or resolution of the Township Council
and perform such other functions as may be authorized by the New Jersey
Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.), and other state
statutes and administrative regulations.
Whenever an application for approval of a subdivision plat, site plan or conditional use includes a request for relief pursuant to § 170-12E of this chapter, the Planning Board shall grant or deny approval of the application within 120 days after submission by a developer of a complete application to the administrative officer or within such further time as may be consented to by the applicant. In the event that the developer elects to submit separate consecutive applications, the aforesaid provision shall apply to the application for approval of the variance or direct issuance of a permit. The period for granting or denying and subsequent approval shall be as otherwise provided in the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.). 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, and it shall be sufficient in lieu of the written endorsement or other evidence of approval, herein required, and shall be so accepted by the county recording officer for purposes of filing subdivision plats.
