If the Planning Board lacks a quorum because
any of its regular or alternate members is prohibited by N.J.S.A.
40:55D-23 or 40:55D-23.1 from acting on a matter due to the member's
personal or financial interest therein, regular members of the Board
of Adjustment shall be called upon to serve, for that matter only,
as temporary members of the Planning Board in order of seniority or
continuous service to the Board of Adjustment until there are the
minimum number of members necessary to constitute a quorum to act
upon the matter without any personal or financial interest therein,
whether direct or indirect. If a choice has to be made between regular
members of equal seniority, the Chairman of the Board of Adjustment
shall make the choice.
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.
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, fix the compensation
of or agree upon the rate of compensation of the Planning Board Attorney
who shall be an attorney other than the Township Attorney.
In addition, the Planning Board may also employ
or contract for the service of experts and other staff and services
as it may deem necessary. The Board shall not, however, exceed, exclusive
of gifts and grants, the amount appropriated by the Township Committee
for its use.
The Planning Board shall be 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 Township, including
any areas outside its boundaries which, in the Board's judgment, bear
essential relation to the planning of the Township in accordance with
the provisions of N.J.S.A. 40:55D-28. In accordance with the provisions
of N.J.S.A. 40:55D-89, the Planning Board shall, at least every 10
years, request the governing body to budget funds to provide for a
general reexamination of the Master Plan and development regulations
by the Board and for such purpose may employ the services of a planner
and an attorney. A reexamination report shall in accordance with the
statute be completed by August 1, 2006, and thereafter at least once
every 10 years from the previous reexamination. The report shall be
in the form required by said statute.
B. To administer the provisions of the land subdivision
and site plan review provisions of this chapter in accordance with
is provisions and the Municipal Land Use Law of 1975, N.J.S.A. 40:55D-1
et seq.
C. To hear applications for conditional uses and, in
proper cases, to approve conditional use permits in accordance with
provisions of this chapter 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 municipal capital
improvements projects projected over a term of six years, and amendments
thereto, and recommend the same to the Township Committee.
G. To consider and report to the Township Committee,
within 35 days after referral, 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 Township Committee pursuant to the provisions of N.J.S.A.
40:55D-26b.
H. Whenever the proposed development requires approval
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.
(1) Variances pursuant to N.J.S.A. 40:55D-70c.
(2) Direction pursuant to N.J.S.A. 40:55D-34 for issuance
of a permit for a building or a structure in the bed of a mapped street
or a public drainageway, flood control basin or public area reserved
pursuant to N.J.S.A. 40:55D-32; and
(3) Direction pursuant to N.J.S.A. 40:55D-36 for issuance
of a permit for a building or structure not related to a street.
(a)
Whenever relief is requested pursuant to this
section, notice of the 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.
(b)
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 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 detriment to
the public good and without substantial impairment of the intent and
purpose of the zone plan and zoning ordinance.
I. To consider and make a report within 45 days of its
receipt upon any petition for annexation submitted to the governing
body of the municipality and referred to the Planning Board pursuant
to N.J.S.A. 4:1C-21c.
J. To review a petition for inclusion of a parcel in
a municipally approved Farmland Preservation Program pursuant to N.J.S.A
4:1C-21c.
K. To perform such other advisory duties as are assigned
to it by ordinance or resolution of the Township Committee for the
aid and assistance of the Committee for other agencies or officers.
L. Review and make recommendations with respect to any
capital project proposed by a public agency necessitating the expenditure
of public funds by the Township or any special district therein, or
other authority, school board or other similar public agency, state,
county or municipal in accordance with N.J.S.A. 40:55D-31.
Applications for development within the jurisdiction
of the Planning Board pursuant to the provisions of N.J.S.A. 40:55D-1
et seq. shall be filed with the Secretary of the Planning Board. The
applicant shall file, at least 14 days before the date of the meeting
of the Board at which the matter is scheduled to be heard, 12 copies
of a sketch plat, 12 copies of applications for minor subdivision
approval, 12 copies of applications for major subdivision approval
or 12 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.
The Mayor may appoint one or more persons 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 to the natural resources
of the Township, the Planning Board (or the Zoning Board of Adjustment
when exercising site plan or subdivision powers) shall make available
to the Environmental Commission an informational copy of every application
for development to the Board. An informational copy of every application
affecting a historic site or historic district shall also be made
available to any Historic Preservation Commission established in the
Township. Failure of the Planning Board or Zoning Board of Adjustment
to make such informational copies available to the Environmental Commission
or the Historic Preservation Commission (if any), shall not invalidate
any hearing or proceeding. When the Environmental Commission or Historic
Preservation Commission (if any) has filed a report or recommendation
with the Board, the Board shall consider and comment upon such report
in making its final decision on the application.
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.
Applications for development within the jurisdiction of the Planning Board shall be reviewed for completeness in accordance with the provisions of §
240-37 of this chapter.