There is hereby established, pursuant to c. 291, P.L. 1975,[1] in the Borough of Middlesex a Planning Board of nine members consisting of the following four classes:
A. 
Class I: the Mayor.
B. 
Class II: one of the officials of the municipality other than a member of the governing body to be appointed by the Mayor.
C. 
Class III: a member of the governing body to be appointed by it.
D. 
Class IV: six other citizens of the municipality to be appointed by the Mayor. The members of Class IV shall hold no other municipal office.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
The term of the member composing Class I shall correspond with his 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. The term of the Class IV member shall be for four years. 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; 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.
[Added 2-13-1979 by Ord. No. 818]
There shall be alternate members in Classes II, III and IV. Such alternate members shall not exceed one in Class II, one in Class III, and two in Class IV. Alternate members of Classes II and III shall be appointed for terms to expire at the same time as terms of regular members of their respective classes. Alternate members of Class IV shall serve for terms of two years; provided, however, that in the event that two alternate members of Class IV are appointed, the initial terms of such members shall be one and two years respectively. Such alternate members shall be designated by the Chairman as "Alternate No. I" and "Alternate No. II" and shall serve in rotation during the absence or disqualification of any regular member or members of Class IV. Alternate members of each class shall be appointed by the same appointing authority as regular members of that class.
If a vacancy in 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 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.
There is hereby created the office of Planning Board Attorney. The Planning Board may annually appoint, and fix the compensation of or agree upon the rate of compensation of the Planning Board Attorney, who 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 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 and from time to time amend a Master Plan for the physical development of the Borough, including any areas outside its boundaries which in the Board's judgment bear essential relation to the planning of the Borough, in accordance with the provisions of N.J.S.A. 40:55D-28.
B. 
To administer the provisions of Chapter 248, Land Development, and the Site Plan Review Ordinance of the Borough, in accordance with the provisions of said ordinance and the Municipal Land Use Law of 1975, N.J.S.A. 40:55D-1 et seq.
C. 
To participate in the preparation and review of programs or plans required by state or federal law or regulations.
D. 
To assemble data on a continuing basis as part of a continuous planning process.
E. 
To annually prepare, if requested by the governing body, a program of municipal capital improvement projects projected over a term of six years, and amendments thereto, and recommend same to the governing body.
F. 
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-25a and also pass upon other matters specifically referred to the Planning Board by the Mayor and Council, pursuant to the provisions of N.J.S.A. 40:55D-26b.
G. 
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:
(1) 
Variances pursuant to Section 57c of c. 291, P.L. 1975, from lot area, lot dimensional, setback and yard requirements, provided that such relief from lot area requirements shall not be granted for more than one lot.
(2) 
Direction pursuant to Section 25 of said Act for issuance of permit for building or structure in the bed of a mapped street or public drainageway, flood control basin or public area reserved pursuant to Section 23 of said Act.
(3) 
Direction pursuant to Section 27 of said Act for issuance of a permit for a building or structure not related to a street.
Whenever relief is requested pursuant to this subsection, 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.
H. 
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.
I. 
To conduct informal concept reviews of applications for development in the redevelopment areas of the Borough, and the following rules and regulations are hereby adopted to assist the Planning Board in implementing said concept reviews:
[Added 12-20-2005 by Ord. No. 1675-05]
(1) 
Phase I, preapplication review. Applicant is encouraged to schedule a preliminary meeting with the “Visionary” planner, Engineer and Zoning Officer prior to filing a formal application. Three copies of the proposal should be provided along with a brief description. This review is not considered the start of the application submission. Compliance with staff recommendations shall not be binding upon the Planning Board in subsequent deliberations.
(2) 
Phase II, submission:
(a) 
Where to file. Applications shall be filed with the Secretary of the Middlesex Borough Planning Board, 1200 Mountain Avenue, Middlesex, New Jersey 08846; phone number (732) 356-7400.
(b) 
What to file.
[1] 
The original and five copies of the completed application.
[2] 
The original and 14 copies of the written description of the proposal.
[3] 
The original and one copy of the escrow agreement and completed W-9 form.
[4] 
Letter certifying that the taxes have been paid.
[5] 
Twelve copies of the site survey, which include but are not limited to topographical information, and showing, in schematic form, the proposed development including lot lines, road layouts, circulation and parking, building locations, drainage basin locations, adjacent lots and buildings and open space areas, if applicable. Plans are to be folded.
[6] 
Photographs and 14 sets of reduced plans are encouraged but not required.
[7] 
Fees based upon the following:
Concept Review
Application
Escrow Account
Site plan
$1,500
$7,500 deposit minimum and as required by the Planning Board
Subdivision
$1,500
$200 per lot for the first 10 lots; $100 per lot thereafter;
$5,000 deposit minimum and as required by the Planning Board
(3) 
Explanation of fees. The application charge/fee is a flat fee to cover the administrative expenses and is nonrefundable. The escrow account is established to cover the costs of professional services, including engineering, planning, legal, environmental, traffic and other expenses concerned with the review of the submitted materials, including any necessary studies regarding off-tract improvements. Sums not utilized in the review process shall be returned to the applicant. If additional sums are deemed necessary, the applicant shall be notified of the required additional amount and shall add such sum to the escrow within 15 days. Should the applicant not add such sum to the escrow within said 15 days, the applicant shall indicate in writing, prior to the future considerations of the application by the approving authority and/or professional, why such sum is not being paid. In the event such additional amount is not added to the escrow by the applicant, the approving authority and/or professional shall be under no obligation to proceed in reviewing the matter.
(4) 
Phase III, procedures after submission.
(a) 
When an application is submitted, the Secretary of the Board shall forward a copy of the submission to the Municipal Engineer, “Visionary” planner and to the Zoning Officer with a request that they submit a report to the Board with their comments on the proposed development. A request will also be made to the Middlesex Borough Police Department, the Middlesex Borough Environmental Commission and, if there is a commercial aspect to the application, to the Middlesex Borough Economic Development Committee asking that representatives from these agencies appear at the Planning Board’s concept review hearing to provide whatever input they deem necessary and to be kept advised as to the various applications that may be filed with the Planning Board for proposed development of properties in the designated redevelopment areas of the Borough.
(b) 
The request is to be heard within 60 days upon receipt of the request, and the Secretary will place the matter on the Board’s agenda as soon as practical and shall notify the developer of the scheduled date. The developer shall, at least one week prior to the meeting, send an informal notice to the surrounding property owners ( as per § 56-31 of the Official Code of the Borough) by certified mail advising them of the general nature of the proposed development and of the time, date and place at which the Board will conduct a concept review discussion and public notice shall also be given by publication in the official newspaper of the Borough at least 10 days prior to the date of the hearing.
(5) 
Phase IV, public discussion/action.
(a) 
At the scheduled discussion, the Board shall review the proposed application and may discuss any other pertinent issues raised. The developer shall not be bound by any concept review plan for which review is requested, and the Board shall not be bound by any such review.
(b) 
After the scheduled review discussion, the Secretary of the Board shall emboss on two copies of the submission, “Concept Review by the Board held on (date of discussion).” One copy shall be retained for the Board’s files, the other sent to the developer (applicant). If a model has been exhibited to the Board, photographs of the model shall be supplied for retention by the Board. Minutes and tapes of the discussion shall constitute the Board’s record of the proceedings and no formal report shall be issued by the Board. A copy of the excerpt from the minutes, as approved by the Board, shall be mailed to the developer (applicant), Municipal Engineer, Planner and Zoning Officer.
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[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 Chairman 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 of major subdivisions. Upon submission of a complete application for a subdivision of 10 or fewer lots, the Planning Board shall grant or deny preliminary approval within 45 days of the date of such submission or within such further time as may be consented to by the developer. Upon submission of a complete application for a subdivision of more than 10 lots, the Planning Board shall grant or deny preliminary approval within 95 days of the date 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 for the subdivision.
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 Article I, § 56-8G 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.
D. 
Final approval. Application for final subdivision approval shall be granted or denied within 45 days of submission of a complete 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 signing of the plat.
Applications for development within the jurisdiction of the Planning Board pursuant to the provisions of c. 291, P.L. 1975,[1] shall be filed with the Clerk of the municipality. The applicant shall file, at least 14 days before the date of the monthly meeting of the Board, seven copies of a sketch plat, seven copies of applications for minor subdivision approval, seven copies of application for major subdivision approval or seven copies of an application for site plan review, conditional use approval or planned development; and one copy of each of the above must be forwarded to the Borough Engineer and to the Borough Planner. At the time of filing the application, but in no event less than 10 days prior to the date set for hearing, the applicant shall also file all plot plans, maps or other papers required by virtue of any provision of this chapter or any rule of the Planning Board. The applicant shall obtain all necessary forms from the Building Inspector or from the Borough Clerk. The Building Inspector shall inform the applicant of the steps to be taken to initiate application and of the regular meeting dates of the Board.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
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.