There is hereby established pursuant to P.L. 1975, c. 291,[1] in the Borough of Oaklyn, 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 are 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: eight other citizens of the municipality to be appointed by the Mayor, six to be full members of the Planning Board, with the remaining two to be alternate members of the Planning Board. 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, and one member 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 is among the Class IV 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 of the Environmental Commission shall be deemed to be the Class II member of the Planning Board. For the purpose of this subsection, 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 8-13-1991 by Ord. No. 7-91; 10-11-1994 by Ord. No. 11-94]
[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 Class IV member who is 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 the 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 comes 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 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 Chairman and Vice Chairman from the members of Class IV and select a Secretary who may or may not be 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 said Attorney who shall be an attorney other than the Municipal Attorney. The Borough Planning Board shall fix the compensation, and such compensation shall not exceed, exclusive of gifts or grants, the amount appropriated by the Borough Council for its use.
The Planning Board may also employ or contract for the services of experts and other staff and services as it may deem necessary. The Planning Board shall fix compensation as it may deem necessary not exceeding, exclusive of gifts or grants, the amount appropriated by the Borough Council 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 of 1953 (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 provision of the land subdivision regulations and site plan review regulations of the municipality in accordance with the provisions of this chapter and the Municipal Land Use Law, P.L. 1975, c. 291 (N.J.S.A. 40:55D-1 et seq.).
C. 
To review and make recommendations to Borough Council in regard to the Official Map and any revisions as proposed by Borough Council in accordance with the provisions of N.J.S.A. 40:55D-26 and 40:55D-32 through 40:55D-36.
D. 
To approve conditional use applications in accordance with the provisions of the Zoning Ordinance[1] pursuant to N.J.S.A. 40:55D-67.
[1]
Editor's Note: See Ch. 125, Zoning.
E. 
To participate in the preparation and review of programs or plans required by state or federal law or regulations.
F. 
To assemble data on a continuing basis as part of a continuous planning process.
G. 
To annually prepare a program of municipal capital improvement projects projected over a term of six years, and amendments thereto, and recommend the same to the governing body.
H. 
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-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.
I. 
When reviewing applications for approval of subdivision plans, site plans or conditional uses, to grant to the same extent and subject to the same restrictions as the Planning Board:
[Amended 4-11-1995 by Ord. No. 3-95]
(1) 
Variances, pursuant to Section 57c of Chapter 291 of the Laws of 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 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 Section 23 of said Act.
(3) 
Direction, pursuant to Section 27 of said Act,[2] 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.
[2]
Editor's Note: See N.J.S.A. 40:55D-36.
J. 
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.
[Amended 8-13-1991 by Ord. No. 7-91]
Whenever the Planning Board is called upon to exercise its ancillary powers before the granting of a variance as set forth in § 85-10I above, the Planning Board shall grant or deny approval of the application within 120 days after submission by the developer of the complete application 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 provisions shall apply to the application for approval of the variance or direction for issuance of a permit. The period for granting or denying the subsequent site plan or subdivision application shall be as otherwise provided in this chapter. Failure of the Planning Board to act within the time 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.
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 municipality, the Planning Board shall make available to the Environmental Commission an informational copy of every application for development to the Planning Board.[1] Failure of the Planning Board to make such informational copy available to the Environmental Commission shall not invalidate any hearing or proceeding.
[1]
Editor's Note: Ord. No. 2-95, adopted 4-11-1995, provided that, "Pursuant to N.J.S.A. 40:55D-25c, the Class I and Class III members of the Planning Board shall not participate in the consideration of applications for development which involve relief pursuant to N.J.S.A. 40:55D-70d."
[1]
Editor's Note: Former § 85-14, Establishment; composition; terms of office; vacancies, was repealed 4-11-1995 by Ord. No. 3-95.
A. 
The powers of the Planning Board shall be in accordance with N.J.S.A. 40:55D-69 et seq., and amendments and supplements thereto, and with the provisions of this chapter.
[Amended 4-11-1995 by Ord. No. 3-95]
B. 
It is further the intent of this chapter to confer upon the Planning Board as full and complete powers as may lawfully be conferred upon such Board, including not by way of limitation the authority, in connection with any case, action or proceeding before the Board, to interpret and construe the provisions of this chapter or any term, clause, sentence or word hereof, and the Zoning Map, in accordance with the general rules of construction applicable to legislative enactment.
[Amended 4-11-1995 by Ord. No. 3-95]
C. 
The Board may, in appropriate cases and subject to appropriate conditions and safeguards, grant variances from the terms of this chapter in accordance with the general or specific rules hereby laid down that equity shall be done in cases where strict construction of the provisions of this chapter would work undue hardship. The powers and duties of the Board having been delegated to and imposed upon it by statute, the Board shall, in all cases, follow the provisions applicable to it in said P.L. 1975, c. 291,[1] or subsequent statutes in such case made and provided, and it shall, from time to time, furnish to any person requesting the same a copy of its rules and information as to how appeals or applications may properly be filed with the Board for its decision thereon.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
[Amended 8-13-1991 by Ord. No. 7-91; 4-11-1995 by Ord. No. 3-95]
A. 
Appeals to the Planning Board may be taken by any interested party affected by any decision of an administrative officer of the municipality based on or made in the enforcement of the Zoning Ordinance[1] or the Official Map. Such appeal shall be taken within 20 days by filing a notice of appeal with the officer from whom the appeal is taken, specifying the grounds of such appeal, together with three copies of said notice with the Secretary of the Planning Board. The officer from whom the appeal is taken shall immediately transmit to the Board all the papers constituting the record upon which the action appealed from was taken. Whenever an administrative officer of the municipality denies a building permit or zoning permit, the administrative officer shall issue a written denial to the applicant, giving the reason for denial, citing the appropriate section of the chapter upon which the denial is based and advising the applicant of his right to appeal the decision to the Planning Board and the time period for doing so.
[1]
Editor's Note: See Ch. 125, Zoning.
B. 
Applications addressed to the original jurisdiction of the Planning Board, without prior application to an administrative officer, shall be filed with the Secretary of the Planning Board. Three copies of the application shall be filed. At the time of filing the appeal or 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 provisions of this chapter or any rule of the Planning Board. Applications shall be obtained from the Secretary of the Planning Board.
C. 
An appeal stays all proceedings in furtherance of the action in respect of which the decision appealed from was made, unless the officer from whom the appeal is taken certifies to the Planning Board after the notice of appeal shall have been filed with him that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property. In such cases, proceedings shall not be stayed otherwise than by a restraining order, which may be granted by the Planning Board or by the Superior Court of New Jersey on application or notice to the officer from whom the appeal is taken and on due cause shown.
[Amended 4-11-1995 by Ord. No. 3-95]
The Planning Board may reverse or affirm, wholly or in part, or may modify the action, order, requirement, decision, interpretation or determination appealed from and to that end have all the powers of the administrative officer from whom the appeal is taken.
[Amended 4-11-1995 by Ord. No. 3-95]
Any variance from the terms of this chapter hereafter granted by the Planning Board permitting the erection or alteration of any structure or structures, or permitting a specified use of any premises, shall expire by limitation unless such construction or alteration shall have been actually commenced on each and every structure permitted by said variance, or unless such permitted use has actually been allowed by said variance, or unless such permitted use has actually been commenced, within one year from the date of publication; except, however, that the running of the period of limitation herein provided shall be tolled from the date of filling an appeal from the decision of the Planning Board to the governing body, or to a court of competent jurisdiction, until the termination in any manner of such appeal or proceeding.
[Amended 8-13-1991 by Ord. No. 7-91; 4-11-1995 by Ord. No. 3-95]
A. 
The Planning Board shall have such powers as are granted by law to:
(1) 
Hear and decide appeals where it is alleged by the appellant that there is error in any order, requirement, decision or refusal made by an administrative officer or agency based on or made in the enforcement of the Zoning Ordinance.[1]
[1]
Editor's Note: See Ch. 125, Zoning.
(2) 
Hear and decide requests for interpretation of the Zoning Map or Zoning Ordinance or for decisions upon other special questions upon which such Board is authorized by the Zoning Ordinance to pass.
(3) 
Where, by reason of exceptional narrowness, shallowness or shape of a specific piece of property or by reason of exceptional topographic conditions or physical features uniquely affecting a specific piece of property or by reason of an extraordinary and exceptional situation uniquely affecting a specific piece of property or the structures lawfully existing thereon, the strict application of any regulation in the Zoning Ordinance would result in peculiar and exceptional practical difficulties to, or exceptional and undue hardship upon, the developer of such property, grant, upon an application or an appeal relating to such property, a variance from the strict application of such regulation so as to relieve such difficulties or hardship; where, in an application or appeal relating to a specific piece of property, the purposes of the Zoning Ordinance would be advanced by a deviation from the Zoning Ordinance requirements and the benefits of the deviation would substantially outweigh any detriment, grant a variance to allow departure from a regulation in the Zoning Ordinance; provided, however, that no variance from those departures enumerated in Subsection A(4) of this section shall be granted under this subsection, and provided further that a proposed development does not require approval by the Planning Board of a subdivision, site plan or conditional use, in conjunction with which the Planning Board has power to review a request for variance pursuant to Section 47a of the Municipal Land Use Law of 1975, P.L. 1975, c. 291.[2]
[2]
Editor's Note: See N.J.S.A. 40:55D-60a.
(4) 
In particular cases and for special reasons, grant a variance to allow departure from regulations in the Zoning Ordinance to permit a use or principal structure in a district restricted against such use or principal structure; an expansion of a nonconforming use; deviation from a specification or standard pursuant to Section 54 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-67) pertaining solely to a conditional use; an increase in the permitted floor area ratio as defined in Section 3.1 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-4); or an increase in the permitted density as defined in Section 3.1 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-4), except as applied to the required lot area for a lot or lots for detached one- or two-dwelling-unit buildings, which lot or lots are either an isolated undersized lot or lots resulting from a minor subdivision. A variance under this subsection shall be granted only by an affirmative vote of at least five members of the Board.
B. 
No variance or other relief may be granted under the provisions of this section unless such a variance or other relief can be granted without substantial detriment to the public good and will not substantially impair the intent and purpose of the zone plan and Zoning Ordinance. Any application under any subsection of this section may be referred to any appropriate person or agency for its report, provided that such reference shall not extend the period of time within which the Planning Board shall act.
[Amended 8-13-1991 by Ord. No. 7-91; 4-11-1995 by Ord. No. 3-95]
The Planning Board shall, in addition to the powers specified in § 85-23 of this article, have power given by law to:
A. 
Direct issuance of permit pursuant to N.J.S.A. 40:55D-34 for a building or structure in the bed of a mapped street or public drainageway, flood control basin or public area reserved on the Official Map.
B. 
Direct issuance of a permit pursuant to N.J.S.A. 40:55D-36 for a building or structure not related to a street.
A. 
The Planning Board shall render its decision not later than 120 days after the date an appeal was taken from the decision of an administrative officer or 120 days after the submission of complete application for development to the Board pursuant to the provisions of N.J.S.A. 40:55D-72b.
[Amended 8-13-1991 by Ord. No. 7-91; 4-11-1995 by Ord. No. 3-95]
B. 
Failure of the Board to render a decision within such one-hundred-twenty-day period or within such further time as may be consented to by the applicant shall constitute a decision favorable to the applicant.