There is hereby established, pursuant to N.J.S.A.
40:55D-1 et seq., in the Township, a Planning Board of nine members
and two alternate members consisting of the following classes:
A. Regular members.
(1) Class I. The Mayor of the Township or the Mayor's
designee in the absence of the Mayor.
[Amended 6-2-1997]
(2) Class II. One of the officials of the Township other
than a member of the Council, 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.
(3) Class III. A member of the Council to be appointed
by it.
(4) Class IV. Six other citizens of the Township to be
appointed by the Mayor. The members of Class IV shall hold no other
Township 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 are among the Class IV members
of the Planning Board 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 a Class II member of
the Planning Board.
B. Alternate members.
(1) Two alternate members shall be appointed to the Planning
Board by the Mayor. They shall meet all the qualifications of Class
IV members. At the time of their appointment they shall be designated
as "Alternate No. 1" and "Alternate No. 2."
[Amended 12-19-2017 by Ord. No. 2017-10]
(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 occurs other than
by expiration of term, it shall be filled by appointment as above
provided for the unexpired term.
The Planning Board shall select a Chairperson
and Vice Chairperson from the members of Class IV, and shall also
select a Secretary and an Assistant Secretary, who may be either a
member of the Planning Board or a Township employee.
The Planning Board may annually appoint and,
subject to the appropriation of funds, fix the compensation or agree
upon the rate of compensation of the Planning Board Attorney, who
shall be an attorney other than the Township Attorney.
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 the amount appropriated
by the Council for its use.
The Planning Board is authorized to 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, 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 Township, including a specific
policy statement respecting its relationship to any areas outside
its boundaries which, in the Board's judgment, bear essentially upon
the planning of the Township reworded to provide for policy statement
rather than regulation, in accordance with the provisions of N.J.S.A.
40:55D-28.
B. To administer the provisions of Part 2, Site Plan
Review, and Part 4, Subdivision of Land, in accordance with the provisions
of such Parts and the Municipal Land Use Law of 1975, N.J.S.A. 40:55D-1
et seq.
C. To approve conditional use applications in accordance
with the provisions of Part 5, Zoning, pursuant to N.J.S.A. 40:55D-67.
D. To participate in the preparation and review of programs
or plans required by state or federal law or regulations.
E. To assemble data on a continuing basis as part of
a continuous planning process.
F. To annually prepare a program of Township capital
improvement projects projected over a term of six years, and amendments
thereof, and to recommend the same to the Township Council.
G. To establish the Official Map, pursuant to an ordinance
of the Council, and recommend amendments to the same, pursuant to
N.J.S.A. 40:55D-32 and 40:55D-33.
H. To consider and report to the Council within 35 days
of 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 Council, pursuant to the provisions of N.J.S.A. 40:55D-26b.
I. Variances and direction:
(1) When reviewing applications for approval of a subdivision,
site plan or conditional use, to grant to the same extent and subject
to the same restrictions as the Board of Adjustment:
(a)
Variances pursuant to N.J.S.A. 40:55D-70c 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 N.J.S.A. 40:55D-34 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 N.J.S.A. 40:55D-32.
(c)
Direction pursuant to N.J.S.A. 40:55D-36 for
issuance of a permit for a building or structure not relating to a
street.
(2) Whenever relief is requested, pursuant to the provisions
of this subsection, notice of a hearing on the application for development
shall include reference to the request for variance or direction for
issuance of a permit, as the case may be.
J. To perform other advisory duties as may be assigned
to it by ordinance or resolution of the Council for the aid and assistance
of the Council or other agencies or officers.
The Mayor may appoint one or more persons as
a Citizen's 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.
Applications for development within the jurisdiction
of the Planning Board shall be filed with the Secretary of the Planning
Board. Applicants shall file at least 14 days before the date of the
first monthly meeting of the Board three copies of a sketch plat;
three copies of application for minor subdivision approval; three
copies of application for major subdivision approval or three 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 provisions 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.