There is hereby established pursuant to P.L.
1975, c. 291, in the Town of Phillipsburg, a Planning Board of nine
members, consisting of the following four classes:
B. Class II: one of the officials of the municipality,
other than a member of the governing body, to be appointed by the
Mayor.
[Amended 4-1-2014 by Ord.
No. O:2014-09]
C. Class III: a member of the Council 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 no hold
no other municipal office, except that 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.
[Amended 4-1-2014 by Ord.
No. O:2014-09]
E. Alternate
members.
[Added 4-1-2014 by Ord.
No. O:2014-09]
(1) There
is hereby established, pursuant to N.J.S.A. 40:55D-23.1, four alternate
members of the Planning Board. Alternate members shall be appointed
by the Mayor, and shall meet qualifications of Class IV members. Alternate
members shall be designated at the time of appointment by the Mayor
as "Alternate No. 1," "Alternate No. 2," "Alternate No. 3," and "Alternate
No. 4." 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 two alternate members 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 Mayor for the unexpired term only.
(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.
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. Any member other than a Class I member,
after a public hearing if he requests one, may be removed by the governing
body for cause.
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.
In addition, 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 Town, including any areas
outside its boundaries which, in the Board's judgment, bear essential
relation to the planning of the Town, in accordance with the provisions
of N.J.S.A. 40:55D-28.
B. To administer the provisions of Chapter
555, Subdivision of Land, and Chapter
510, Site Plan Review, 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.).
C. To participate in the preparation and review of programs
or plans required of the Planning Board 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 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 Town Council pursuant to the provisions of N.J.S.A. 40:55D-26b.
G. Granting of variances; direction for issuance of permits.
(1) 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:
(a)
Variances, pursuant to Section 57c of Chapter
291 of the Laws of New Jersey, 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.
(b)
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.
(c)
Direction, pursuant to Section 27 of said Act, for issuance of a permit for a building or structure not
related to a street.
(2) 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.
[Amended 8-6-1985 by Ord. No. O:85-17]
Applications for development within the jurisdiction
of the Planning Board, pursuant to the provisions of P.L. 1975, c.
291, shall be filed with the Secretary of the Planning Board. The
applicant shall file, at least 28 days before the date of the monthly
meeting of the Board, 11 copies of a sketch plat, 11 copies of an
application for minor subdivision approval, 11 copies of an application
for major subdivision approval or 11 copies of an application for
site plan review, conditional use approval or planned development.
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 Secretary of the Planning Board.
The Secretary of the Board shall inform the applicant of the steps
to be taken to initiate applications and of the regular meeting dates
of the Board.
[Added 7-1-2014 by Ord.
No. O:2014-17]
At the request of the developer, the Planning Board shall grant
an informal review, limited to no more than 30 minutes, of a concept
plan for a development for which the developer intends to prepare
and submit an application for development. This step is optional and
is recommended by the Planning Board. The concept plan is designed
to enable the Planning Board and the applicant to discuss and evaluate
principles and potential problems involved before the applicant has
gone to the expense of completing detailed engineering drawings as
required for further processing of the development application. The
developer shall not be bound by any concept plan for which review
is requested, and the Board shall not be bound by any such review.
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 at 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. Failure of the Planning Board
to make such informational copy available to the Environmental Commission
shall not invalidate any hearing or proceeding.
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.