There is hereby established pursuant to P.L.
1975, c. 291,[1] in the Township of Mount Laurel, 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 Zoning 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 Council. The members of Class IV shall hold
no other municipal office, except that one member may be a member
of the Zoning 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 be 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, in which case
the member of the Environmental Commission shall be deemed to be the
Class IV member of the Planning Board.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
A.
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 comes first.
B.
The term of a Class IV member who is also a member
of the Zoning 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.
C.
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 member 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. All terms shall run from January 1 of the year in which
the appointment was made.
[Added 5-19-1986 by Ord. No. 1986-14]
A.
The Township Council hereby ordains and provides for
the existence of two alternate members to the Mount Laurel Township
Planning Board. Any such person or persons appointed as alternates
to the Mount Laurel Township Planning Board shall meet the qualifications
of Class IV members of the Planning Board.
B.
At the time of the appointment by the Township Council
of the alternates, each alternate shall be designated as "Alternate
No. 1" or "Alternate No. 2," as the case may be.
C.
The term of the alternate members shall be for two
years, except that the initial term of "Alternate No. 2" shall be
for a period of one year. Thereafter, one alternate membership on
the Planning Board will expire in each calendar year.
D.
Any vacancy occurring otherwise than by expiration
of the term of such alternates shall be filled by the appointing authority
for the unexpired term only.
E.
No alternate member of the Planning Board shall be
permitted to act on any matter in which he or she has directly or
indirectly any personal or financial interest.
F.
In the event that a choice must be made as to which
alternate member is to vote at a given Planning Board Meeting, Alternate
No. 1 shall vote.
G.
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.
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 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 township, including
consideration of any areas outside its physical 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.
B.
To administer the provisions of the Land Subdivision
Ordinance, the Site Plan Review Ordinance, the P.A.R.C. Ordinance,
the Floodplain Ordinances, the Soil Erosion and Sediment Control Ordinance
and applicable provisions of the Zoning Ordinance, all in accordance
with the provisions of said ordinances and the Municipal Land Use
Law of 1975, N.J.S.A. 40:55D-1 et seq.[1]
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 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 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), and also
pass upon other matters specifically referred to the Planning Board
by the Township Council pursuant to the provisions of N.J.S.A. 40:55D-26(b).
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 Subsection 57c of Chapter 291,
Laws of New Jersey 1975[2] 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. 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.
[2]
Editor's Note: See N.J.S.A. 40:55D-70.
H.
To hear and decide applications for a conditional
use. The term "conditional use" shall mean a use permitted in a particular
zoning district only upon the showing that such use in a specified
location will comply with the conditions and standards for the location
or operation of such use as contained in the Zoning Ordinance. All
uses contained in the Zoning Ordinance designated as "special exceptions"
shall be considered to be conditional uses.
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.
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 and/or recorded, as appropriate, 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 and/or recording, as appropriate, by the county recording officer.
[1]
Editor's Note: See N.J.S.A. 46:23-99.
B.
Preliminary approval of major subdivisions and site
plans.
(1)
Upon submission of a complete application for a subdivision
of 10 or fewer lots or a complete application for a site plan of 10
or fewer acres, 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 or
submission of a complete application for a site plan of more than
10 acres, 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 or site plan.
(2)
A public hearing shall be held at the preliminary
approval stage for subdivisions. Applicants shall be guided by Section
6, Hearings, and Section 7, Notice, of the Municipal Land Use Law.[2] No hearings will be held with respect to minor subdivisions
or site plans at either the preliminary or final approval stages.
[2]
Editor's Note: See N.J.S.A. 40:55D-9 and 40:55D-11,
respectively.
C.
Ancillary powers.
(1)
Whenever the Planning Board is called upon to exercise its ancillary powers before the granting of a variance as set forth in § 34-4G 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.
(2)
All applications to the Planning Board for hearing
and decision on a conditional use shall be in accordance with the
procedures, fee structure, forms and evidentiary requirements set
forth in the Zoning Ordinance with respect to special exceptions.
D.
Final approval.
(1)
Application for final subdivision approval and final
site plan 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.
(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 recording for an additional period not to exceed 190
days from the date of signing of the plat.
A.
Applications for development within the jurisdiction
of the Planning Board pursuant to the provisions of P.L. 1975, c.
291,[1] shall be filed with the Secretary of the Planning Board.
For the purpose of all filings or other communications pertaining
to the Planning Board of the Township of Mount Laurel, the Secretary
of the Planning Board shall be the administrative officer of said
Board, with the sole exception being the obligation to furnish a list
of property owners. The submission of all applications shall be in
accordance with the procedures set forth in the existing developmental
ordinances. The only changes in procedure with respect to said ordinances
will be as required under the provisions of P.L. 1975, c. 291. The
applicant shall be notified within 45 days of submission of his application
whether it is complete or incomplete, and in the absence of such notification,
the submission shall be deemed to be properly submitted.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
B.
The requirements of the Site Plan Review Ordinance
of the Township of Mount Laurel[2] shall be interpreted to pertain to preliminary approval of site plans only. When the applicant has obtained a preliminary approval of his site plan or preliminary approval with conditions of the site plan, the applicant shall file an application for final site plan approval. A fee in the amount of $25 shall accompany this application. The applicant's final plan shall be in accordance with §§ 124-8 and 124-9 of Chapter 124, Site Plan Review, of the Code of the Township of Mount Laurel, and shall set forth those conditions and requirements imposed by the Planning Board at the time of preliminary approval.
[Amended 3-15-1993 by Ord. No. 1993-3]
A.
All required review and approval powers over previously
approved planned unit development shall hereby be granted to the Planning
Board and Zoning Board of Adjustment of the Township of Mount Laurel.
The Mayor and Council of said township shall no longer have any jurisdiction
over said review, approval or enforcement of the ordinances of the
Township of Mount Laurel insofar as they relate to tentative and final
approvals of the previously approved planned unit developments, with
said transfer of jurisdiction being accomplished simultaneously with
the effective date of this amendment.
B.
Variances which are part of a request for final site
plan(s) or subdivision approval(s) within planned unit developments
previously granted tentative approval that do not involve use variance
shall be under the jurisdiction of the Planning Board. All use variance,
sign applications, applications for decks and/or swimming pools and
bulk variances not part of an application for either final site plan(s)
or subdivision approval(s) within a planned unit development shall
be heard, reviewed and determined by the Zoning Board of Adjustment.
C.
All applications for commercially designated sites
shall be governed by the bulk area standards of the Business Zoning
District.
