There shall be established pursuant to the Municipal
Land Use Law (N.J.S.A. 40:55D-1) the Boards hereinafter provided.
Nothing hereinafter exercised to establish additional boards or agencies
pursuant to other statutes or in the general powers of the Township
which may have duties in connection with land development applications.
This section is limited to the establishment of Boards whose authority
stems from the Municipal Land Use Law. Collectively they shall be
called the "Approving Authority."
A.
Organization.
(1)
Creation. Pursuant to the provisions of N.J.S.A. 40:55D-1
et seq., entitled the "Municipal Land Use Law" (P.L. 1975, c. 291),
and specifically N.J.S.A. 40:55D-23 et seq., a Township Planning Board
to consist of nine members is hereby created.
(2)
Membership. Members consisting of said Planning Board
shall consist of and be divided into, for convenience in designating
the manner of appointment, the following four classes:
(a)
Class I: Mayor.
(b)
Class II: One of the officials of the municipality
other than a member of the Township Committee to be appointed by the
Mayor, provided that if there is an Environmental Commission, the
Environmental Commission member who is also a member of the Planning
Board, 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 Township Committee
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 Zoning Board of Adjustment and one may be a member of the Board
of Education. 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 a Class IV member of the Planning Board unless there is 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 II member of the Planning Board.
(3)
Compensation. All members of the Board shall serve
as such without compensation.
(4)
Terms.
(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 the Environmental Commission. The term
of the Class II or 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.
(b)
The term of a Class IV member who is also a
member of the Board of Adjustment or Board of Education shall terminate
whenever he is no longer a member of such other body or at the completion
of the 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 term
shall be evenly distributed over the first four years after their
appointment as determined by resolution of the Township Committee;
provided, however, that the term of any member shall not exceed four
years, and further provided that nothing herein shall effect the term
of any present member of the Planning Board and leave an unexpired
term, appointment shall be made to fill the unexpired term only. 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 is made.
(5)
Alternate members. There shall be appointed by the Mayor four alternate members. Alternate members shall meet the qualifications of and be subject to the restrictions placed upon Class IV members set forth in Subsection A(2)(d) and (4)(b) above, as well as N.J.S.A. 40:55D-23.
[Amended 1-22-2009 by Ord. No. 2009-1]
(a)
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."
(b)
Alternate members shall serve two-year terms.
The terms of not more than two alternate members shall expire in any
one year; and in no instance shall the terms of the alternate members
first appointed exceed two years.
(c)
No alternate member shall be permitted to act
on any matter in which he or she has either directly or indirectly
any personal or financial interest. An alternate member may, after
public hearing if he or she requests one, be removed by the governing
body for cause.
(d)
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. Participation of alternate members
shall not be deemed to increase the size of the Planning Board. 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 Alternate No. 1 is not available, Alternate No. 2 shall vote;
and so on down the line.
(6)
Vacancy. If a vacancy of any class or alternate shall
occur, otherwise than by expiration of the term, it shall be filled
by appointment as above providing for the unexpired term.
(7)
Advisory committee. 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 by the Board.
Such person or persons shall serve at the pleasure of the Mayor. In
the absence of an Architectural Advisory Committee, the Board shall
perform this function.
B.
Rules and regulations.
(1)
In general. The Board shall adopt written rules and
regulations as they deem necessary to carry into effect the provisions
and purposes of this chapter. Such rules and regulations and amendments
thereto shall be maintained in the office of the Administrative Officer
and shall be available for public inspection pursuant to the provisions
of N.J.S.A. 40:55D-8, Subdivision a. 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.
(2)
Organization of the Board. The Planning Board shall
elect a Chairman and Vice Chairman from the members of Class IV and
shall select a secretary who may be either a member of the Planning
Board or a municipal employee designated by it.
C.
Powers and duties generally. The Planning Board is
authorized to adopt rules and regulations governing its procedural
question. It shall also have the following powers and duties.
(1)
To make and adopt and from time to time amend a Master
Plan for the physical development of the Township, including any areas
outside its boundaries, which in the Board's judgment bear essential
relation to planning the Township, in accordance with the provisions
of N.J.S.A. 40:55D-13.
(2)
To administer the provisions of the land subdivision
ordinance and site plan review ordinance of the Township in accordance
with the provisions of said ordinance and the Municipal Land Use Law
of 1975, N.J.S.A. 40:55D-1 et seq.
(3)
To participate in the preparation and review of programs
or plans required by state or federal law or regulations.
(4)
To assemble data on a continuing basis as part of
a continuous planning process.
(5)
To review the Official Map, pursuant to N.J.S.A. 40:55D-32
et seq.
(6)
To annually prepare a program of municipal capital
improvement projects projected over a term of six years and amendments
thereto and to recommend the same to the governing body.
(7)
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-26,
Subdivision a, and also pass upon other matters specifically referred
to the Planning Board by the Township Committee, pursuant to the provision
of N.J.S.A. 40:55D-26, Subdivision b.
(8)
To grant approval for a conditional use pursuant to
N.J.S.A. 40:55D-67.
(9)
Variances.
(a)
To grant to the same extent and subject to the
same restrictions as would be the Zoning Board of Adjustment:
[2]
Variances pursuant to § 57(d) of the
Municipal Land Use Law.[2] A variance under this subsection shall be granted only
by the affirmative vote of at least five members which shall not include
Class I or Class III members or their alternates.
[Amended 9-9-2009 by Ord. No. 2009-21]
[2]
Editor's Note: See N.J.S.A. 40:55D-70, Subdivision
d.
(b)
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.
(10)
To hear and decide an appeal from any interested
party affected by any decision of an administrative officer of the
Township based on or made in the enforcement of the Zoning Ordinance
or official map pursuant to N.J.S.A. 40:55D-72 or as to the existence
of a nonconforming structure or use pursuant to N.J.S.A. 40:55D-68.
(11)
To grant at the request of a developer pursuant
to N.J.S.A. 40:55D-10.1 an informal review of a concept plan for development.
Fees for an informal review shall be a credit toward fees for review
of the application for development.
(12)
To provide for historic preservation in accordance
with N.J.S.A. 40:55D-109 et seq. and Chapter 16.20.
(13)
To hear and decide requests for interpretation
of the Zoning Map or Ordinance or for decisions upon other special
questions upon which it is authorized to pass by any zoning or official
map ordinance, in accordance with the Municipal Land Use Law.
(14)
To annually review its decisions on applications
and appeals for variances and prepare and adopt by resolution a report
of its findings on Zoning Ordinance provisions which were the subject
of variance requests and its recommendations for Zoning Ordinance
amendments or revisions, if any. The report and resolution shall be
filed with the Municipal Clerk no later than February 28.
(15)
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.
D.
Personnel, experts and staff. The Planning Board may
employ or contract for the services of experts and other staff and
services as it may deem necessary, provided that the position is set
forth within this chapter and further provided that adequate appropriations
are made available for utilization by the Board in funding the position.
The Board shall not exceed, exclusive of gifts or grants, the amount
appropriated by the governing body for its use. The positions established
pursuant to the provisions of this chapter are as follows:
E.
Board Attorney.
(1)
Generally. In accordance with the requirements of
law, the Planning Board shall have the power, right and responsibility
to employ an attorney to advise the Board as to its legal rights.
Said appointee shall be answerable and responsible to the Board which
appoints him. Said attorney shall take action independent of any action
taken by the Township Solicitor in accordance with the principles
of law.
(2)
Term. The Board Attorney shall be appointed for a
term of one year, commending on January 1 of the year of appointment.
(3)
Qualifications. The person appointed Board Attorney
shall be a licensed attorney within the State of New Jersey and possess
such other qualifications or ability and experience which the Board
shall deem necessary to perform the duties of his or her office.
(4)
Compensation. The Board Attorney shall receive reasonable
fees and charges for the legal services as are provided for the Board.
(5)
Duties. The Board Attorney shall be legal advisor
to the Planning Board. He shall prosecute and defend actions by and
against the Board. In furtherance of these powers and without limitation
thereto, he shall:
(a)
Advise the Board as to the form and sufficiency
of all actions prior to their effectiveness.
(b)
Review and approve all contracts, documents
and instruments prior to the execution thereof by or on behalf of
the Board.
(c)
Conduct appeals from orders, decisions or judgments
affecting any interest of the Board as he or she may, in his or her
discretion, determine to be necessary or desirable or as directed
by the Board.
(d)
Subject to the approval of the Board, have power
to enter into any agreement, compromise or settlement of any litigation
in which the Board is involved.
(e)
Maintain a record of all actions, suits, proceedings
and matters which relate to the Board's interest and report thereon
from time to time as the Board may require.
(f)
Have such other different functions, powers
and duties as may be provided by the Board, state law or Administrative
directive.
F.
Board Engineer.
(1)
Generally. In accordance with the requirements of
law, the Planning Board shall have the power, right and responsibility
to employ a licensed professional engineer to advise the Board as
to engineering matters. Said appointee shall be answerable and responsible
to the Board which appoints him. Said engineer shall take action independent
of any action taken by the Township Engineer in accordance with the
prevailing principles of law.
(2)
Term. The Board Engineer shall be appointed for a
term of one year commencing on January 1 of the year of appointment
and terminating on December 31 of the year of appointment.
(3)
Qualifications. The person appointed Board Engineer
shall be a licensed professional engineer within the State of New
Jersey and possess such other qualifications, ability and experience
which the Board shall deem necessary to perform the duties of his
office.
(4)
Compensation. The Board Engineer shall receive reasonable
fees and charges for engineering services as are provided for by the
Board.
(5)
Duties. The Board Engineer shall be the advisor on
engineering matters to the Planning Board. In this connection he shall
review all plans and documents received by the Planning Board for
its action and make specific recommendations concerning said matters.
In furtherance of these powers and without limitation thereof, he
shall advise the Board as to the form and sufficiency of all plans,
plats and details submitted to the Planning Board for its review and
approval prior to their approval.
(a)
Review and approve all construction made pursuant
to any plats or plans previously approved by the Planning Board to
the extent that said action is not inconsistent with the responsibility
of the Township Engineer.
(b)
Recommended to the Planning Board practices,
procedures, rules and regulations which the Board Engineer deems advisable
to enact to ensure that proper engineering standards are followed
in all matters to which the Board is asked to give its approval.
(c)
Study, recommend and devise plans and materials
which the Board desires to further aid the Board in making specific
recommendations to the Mayor and Committee for changes in ordinances
and Master Plan in existence within the Township.
(d)
Make recommendations, reports and suggestions
with regard to engineering matters relating to the Master Plan, Zoning
Ordinance, Site Plan Review Ordinance and any other ordinance within
the Board's jurisdiction which the engineer pursuant to a request
deems advisable.
(e)
In the absence of another appointee, act as
the Township Consultant Architect.
(f)
Perform such other duties as the Planning Board
shall by motion or resolution require.
(6)
Termination or expiration of term. Upon the termination
of the services of the Board Engineer or upon expiration of his term,
the Board Engineer shall be deemed relieved of all obligation preciously
given to the Board Engineer by the Planning Board and no further compensation
shall be paid for any of the anticipated earnings except that the
Board Engineer is entitled to receive his reasonable fees for services
previously rendered to the extent that said services are performed.
G.
Township Planner.
(1)
Generally. In accordance with the requirements of
law, the Planning Board shall have the power, right and responsibility
to employ a licensed professional planner to advise the Board as to
engineering matters. Said appointee shall be answerable and responsible
to the Board which appoints him. Said planner shall take action independent
of any action taken by the Township Planner in accordance with the
prevailing principles of law.
(2)
Term. The Board Planner shall be appointed for a term
of one year commencing on January 1 of the year of appointment and
terminating on December 31 of the year of appointment.
(3)
Qualifications. The person appointed Board Planner
shall be a licensed professional planner within the State of New Jersey
and possess such other qualifications, ability and experience which
the Board shall deem necessary to perform the duties of his office.
(4)
Compensation. The Board Planner shall receive reasonable
fees and charges for engineering services as are provided for by the
Board.
(5)
Duties. The Board Planner shall be the advisor on
planning matters to the Planning Board. In this connection he shall
review all plans and documents received by the Planning Board for
its action and make specific recommendations concerning said matters.
In furtherance of these powers and without limitation thereof, he
shall advise the Board as to the form and sufficiency of all plans,
plats and details submitted to the Planning Board for its review and
approval prior to their approval.
(a)
Review and approve all construction made pursuant
to any plats or plans previously approved by the Planning Board to
the extent that said action is not inconsistent with the responsibility
of the Township Planner.
(b)
Recommended to the Planning Board practices,
procedures, rules and regulations which the Board Planner deems advisable
to enact to ensure that proper planning standards are followed in
all matters to which the Board is asked to give its approval.
(c)
Study, recommend and devise plans and materials
which the Board desires to further aid the Board in making specific
recommendations to the Mayor and Committee for changes in ordinances
and Master Plan in existence within the Township.
(d)
Make recommendations, reports and suggestions
with regard to engineering matters relating to the Master Plan, Zoning
Ordinance, Site Plan Review Ordinance and any other ordinance within
the Board's jurisdiction which the Planner pursuant to a request deems
advisable.
(e)
Perform such other duties as the Planning Board
shall by motion or resolution require.
(6)
Termination or expiration of term. Upon the termination
of the services of the Board Planner or upon expiration of his term,
the Board Planner shall be deemed relieved of all obligation previously
given to the Board Planner by the Planning Board and no further compensation
shall be paid for any of the anticipated earnings except that the
Board Planner is entitled to receive his reasonable fees for services
previously rendered to the extent that said services are performed.
H.
Township Consultant Architect. (Reserved)
I.
Administrative officer. The Township Clerk shall be
the Administrative Officer of all applications. The Planning Board
Secretary of the Township of Chesterfield shall be deemed the Administrative
Officer to perform the administrative and procedural requirements
once an applicant is before the Planning Board . This person shall
be appointed in conformity with the provisions of law.
J.
Other. To the extent of available appropriations,
the Planning Board shall have the power to engage or employ the services
of such other consultant or employee as deemed necessary to carry
out its duties.
[Amended 3-25-2013 by Ord. No. 2013-4]
A.
There is hereby established an ad hoc committee known
as the “Technical Review Committee.”
B.
Members.
The Technical Review Committee shall consist of the Administrative
Officer for the Planning Board, the Attorney and Planner for the Planning
Board, the Chairman of the Planning Board, and such other members,
no more than three, of the Planning Board to be appointed by the Chairman
to serve on this Committee. In addition, to the extent that the Planning
Board Chairman determines same to be necessary, the Township’s
Zoning Officer, Construction Official, and/or Township Engineer may
also be considered as part of the Technical Review Committee, where
appropriate.
C.
Meetings.
The Committee shall meet on the call of the Administrative Officer,
who shall preside at such meetings.
D.
Duties. It shall be the responsibility of the Technical Review Committee to review, informally, all applications for development pending in Chesterfield Township submitted to it by the Administrative Officer and to offer its advice and opinions concerning the procedural and substantive merits of the proposal. The Technical Review Committee shall also review schematic architectural plans and elevations in accordance with the provisions of § 130-83A.
E.
Payment of fees. The professional members of the Committee shall be paid all reasonable fees incurred as a result of their activities as approved by the Board appointing them, and said fees shall be charged against escrow accounts maintained pursuant to Article XV of this chapter where appropriate.
