There is hereby established pursuant to the
Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., in the Township
of Morris, 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, 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 is both a member
of the Board of Adjustment and a member of the Board of Education
among the Class IV members.
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, except that one member may be a member of the Board
of Adjustment and one may be a member of the Board of Education. A
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 are, among the Class IV members
of the Planning Board, both a member of the Board of Adjustment and
a member of the Board of Education, in which case the member of the
Environmental Commission shall be deemed to be the Class II member
of the Planning Board.
E.
Alternate members.
[Added 4-25-1979 by Ord. No. 17-79;
amended 2-13-1980 by Ord. No. 4-80]
(1)
Two alternate members shall be appointed by the Mayor,
which alternate members shall meet the qualifications of Class IV
members of the Planning Board. Alternate members shall be designated
at the time of appointment by the Mayor as "Alternate No. 1" and "Alternate
No. 2."
(2)
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.
[Amended 2-13-1980 by Ord. No. 4-80]
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, 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 term of office as a member of the Environmental
Commission, whichever occurs first. 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 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 pursuant to this
chapter shall be so determined that, to the greatest practicable extent,
the expiration of such terms shall be evenly distributed 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 members of the Planning Board,
all of whom shall continue in office until the completion of the term
for which they were appointed. Thereafter, all Class IV members shall
be appointed for terms of four years, except as otherwise herein provided.
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 term of the alternate
members first appointed exceed two years. All terms shall run from
January 1 of the year in which the appointment was made.
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 shall be a municipal 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 Municipal Attorney or the
Board of Adjustment Attorney, and within the appropriation made by
the Township Committee.
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 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, 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 land subdivision and
site plan review prescribed by this chapter in accordance with the
provisions of this chapter and the Municipal Land Use Law, N.J.S.A.
40:55D-1 et seq.
C.
To approve conditional use applications in accordance with the provisions of Chapter 95, 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 consider and make reports 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.
G.
When reviewing applications for approval or subdivision
plats, site plans or conditional uses, to grant, to the same extent
and subject to the same restrictions as the Board of Adjustment, variances
pursuant to N.J.S.A. 40:55D-70c. 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.
[Amended 2-13-1980 by Ord. No. 4-80]
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.
Whenever the Planning Board is called upon to
exercise its ancillary powers before the granting of a variance, as
set forth in N.J.S.A. 40:55D-60, the Planning Board shall grant or
deny approval of the application within 120 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 Secretary of the Planning
Board as to the failure of the Planning Board to act shall be issued
on request of the applicant.
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.
Whenever the Environmental Commission has prepared
and submitted to the Planning Board an index of the natural resources
of the Township, 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.
