A.
There is hereby established, pursuant to the Municipal
Land Use Law, N.J.S.A. 40:55D-1 et seq., in the Township of Stafford
a Planning Board of nine members, consisting of Class I, Class II,
Class III and Class IV members.
B.
Class I, Class II, Class III and Class IV members
shall be appointed in accordance with the requirements of the Municipal
Land Use Law, N.J.S.A. 40:55D-23, as amended.
C.
Terms of office. The terms of office of the members
of the Planning Board shall be as set forth in N.J.S.A. 40:55D-23,
as amended.
D.
Alternate members. The Mayor may appoint two alternates
to the Planning Board. Alternate members shall be designated at the
time of appointment by the Mayor as "Alternate No. 1" and "Alternate
No. 2." The terms of alternate members shall be as set forth in N.J.S.A.
40:55D-23.1, as amended.
E.
All appointments of Class IV members and alternates
to the Planning Board shall commence as of January 1 of the year of
appointment and shall terminate on December 31 of the last year of
the term of the appointment.
F.
Vacancies. If a vacancy of any class shall occur otherwise
than by expiration of the term, it shall be filled by appointment,
as provided above, for the unexpired term.
G.
Designation of officers. The Planning Board shall
elect a Chairman and Vice Chairman from its Class IV membership. It
shall also select a Secretary, who may or may not be a member of the
Planning Board or a municipal employee.
H.
Conflicts of interest. No member of the Board shall
be permitted to act on any matter in which he or she has, either directly
or indirectly, any personal or financial interest.
[Added 11-5-2007 by Ord. No. 2007-99]
I.
Substitute members when conflicts arise. If the Board
lacks a quorum because any of its regular or alternate members is
prohibited from acting on a matter due to the member’s personal
or financial interest therein, regular members of the Zoning Board
of Adjustment shall be called to serve, for that matter only, as temporary
members of the Planning Board in order of seniority of continuous
service to the Zoning Board until there is the minimum number of members
necessary to constitute a quorum to act upon the matter. If a choice
has to be made between regular members of equal seniority, the chairman
of the Zoning Board shall make the choice.
[Added 11-5-2007 by Ord. No. 2007-99]
A.
The Attorney to the Planning Board shall be an attorney
other than the Municipal Attorney and shall be appointed by the Planning
Board for a term of one year commencing January 1. Appointment to
such office made after January 1 of any year shall be limited to the
calendar year, and such term shall terminate on December 31 of the
following year of appointment. The Attorney to the Board shall receive
such compensation as shall be fixed by contract between the Attorney
and the Board.
B.
The Planning Board may also employ or contract for
and fix the compensation of experts and other staff and services as
it may deem necessary.
C.
The Board shall not authorize expenditures which 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 reexamine
and/or amend a Master Plan for the physical development of the Township
in accordance with the provisions of N.J.S.A. 40:55D-28 and 40:55D-89.
[Amended 12-20-1988 by Ord. No. 88-95]
B.
To exercise subdivision control and site plan review
in accordance with the provisions of this chapter and the Municipal
Land Use Law of 1975, N.J.S.A. 40:55D-1 et seq.
C.
To consider and make a report to the Township Council
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 to pass upon other matters specifically referred to the Planning
Board by the Zoning Board of Adjustment, pursuant to the provisions
of N.J.S.A. 40:55D-26b.
D.
Variances and issuance of permits.
(1)
Powers.
(a)
Whenever the proposed development requires the
approval, pursuant to this chapter, of a subdivision, site plan or
conditional use, but not a variance pursuant to N.J.S.A. 40:55D-70d,
to grant, to the same extent and subject to the same restrictions
as the Board of Adjustment, variances pursuant to Subsection 57c of
the Municipal Land Use Law,[1] provided that for applications in the Pinelands Area,
variances granted which constitute waivers from the Comprehensive
Management Plan shall be submitted to the Pinelands Commission for
review and action only after consideration and approval by the Planning
Board.
[Amended 11-24-1992 by Ord. No. 92-75]
[1]
Editor's Note: See N.J.S.A. 40:55D-70c.
(b)
In accordance with the provisions of N.J.S.A.
40:55D-34, to direct the 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 N.J.S.A. 40:55D-32.
(c)
In accordance with the provisions of N.J.S.A.
40:55D-36, to direct the 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. The developer may elect to submit
a separate application requesting approval of the variance or direction
of the issuance of a permit and a subsequent application for any required
approval of a subdivision, site plan or conditional use. The separate
approval of the variance or direction of the issuance of a permit
shall be conditioned upon the grant of all required subsequent approvals
by the Planning Board. No such subsequent approval shall be granted
unless the approval can be granted without substantial impairment
of the intent and purpose of the Zone Plan and Zoning Ordinances.[2]
E.
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.
F.
To perform such other advisory duties as are assigned
to it by ordinance or resolution of the Township Council for the aid
and assistance of said body or other agencies or officers.
G.
To serve as the Historic, Archaeological and Cultural
Preservation Board ("HAC Board") with the powers and duties prescribed
pursuant to N.J.A.C. 7:50-6.153.
[Amended 2-21-1989 by Ord. No. 89-18]
H.
To grant de minimis exceptions to the site improvements standards adopted pursuant to N.J.A.C. 5:21 in accordance with the provisions of § 130-19.
[Added 6-24-1997 by Ord. No. 97-51]
I.
To approve conditional use applications in accordance
with the provisions of the Zoning Ordinance pursuant to N.J.S.A. 40:55D-67.
[Added 11-5-2007 by Ord. No. 2007-99]
J.
To participate in the preparation and review of programs
or plans required by state or federal law or regulations.
[Added 11-5-2007 by Ord. No. 2007-99]
K.
To assemble data on a continuing basis as part of
a continuous planning process.
[Added 11-5-2007 by Ord. No. 2007-99]
A.
The Board shall adopt 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.
B.
When any hearing before a Planning Board shall carry
over two or more meetings, a member of the Board who was absent for
one or more of the meetings shall be eligible to vote on the matter
upon which the hearing was conducted, notwithstanding his absence
from one or more of the meetings; provided, however, that such Board
member has available to him a transcript or recording of the meeting
from which he was absent and certifies, in writing, to the Board that
he has read such transcript or listened to such recording.
[Added 11-5-2007 by Ord. No. 2007-99]
Prior to the adoption of a development regulation,
revision or amendment thereto, the Board shall make and transmit to
the governing body, within 35 days after referral, a report including
identification of any provisions which are inconsistent with the Master
Plan and recommendations concerning those inconsistencies and any
other matters as the Board deems appropriate. The governing body,
when considering the adoption of a development regulation, revision
or amendment thereto, shall review the report of the Board and may
disapprove or change any recommendation by a vote of a majority of
its full authorized membership and shall record in its minutes the
reasons for not following such recommendations. Failure of the Board
to transmit its report within the thirty-five-day period shall relieve
the governing body from the requirements of this section.
[Added 11-5-2007 by Ord. No. 2007-99]
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.
