A.
There is hereby established in the Township pursuant
to N.J.S.A. 40:55D-23, a Planning Board of nine members consisting
of the following four classes:
(1)
Class I: the Mayor or the Mayor's designee in the
absence of the Mayor.
(2)
Class II: one of the officials of the Township, other
than a member of the Township Committee, to be appointed by the Mayor,
provided that if there is an Environmental Commission, the member
of the Environmental Commission who is 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 Township committee to be
appointed by it.
(4)
Class IV: six other citizens of the Township to be
appointed by the Mayor.
B.
The members of Class IV shall hold no other municipal
office, position or employment, except that one such member may be
a member of the Zoning Board of Adjustment or the Historic Preservation
Commission, if any, 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 be among the Class IV members of
the Planning Board a member of the Zoning Board of Adjustment or Historic
Preservation Commission 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. For the purpose of
this section, membership on a municipal board or commission whose
function is advisory in nature, and the establishment of which is
discretionary and not required by statute, shall not be considered
the holding of a municipal office. 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.
C.
There shall also be not more than two alternate members,
who are municipal residents, appointed by the Mayor who shall be designated
by the Mayor as Alternate No. 1 and Alternate No. 2. Alternate members
shall meet the qualifications for Class IV members of nine-member
Planning Boards.
D.
Alternate members may participate in all matters,
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 established by
ordinance of the governing body pursuant to N.J.S.A. 40:55D-23. 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. An alternate member shall not serve as Chairman or Vice Chairman
of the Planning Board.
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.
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 office, whichever occurs first, except
for a Class II member who is also a member of the Environmental Commission.
The term of a 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 terms of the two 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 one alternate member shall expire
in any one year. A vacancy occurring otherwise than by expiration
of term shall be filled by the Mayor for the unexpired term only.
C.
The term of a Class IV member who is also a member
of the Board of Adjustment or a Board of Education shall terminate
whenever he is no longer a member of such other body or at the completion
of his Class IV term, whichever occurs first.
D.
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 distributed
evenly over the first four years after their appointment as determined
by resolution of the Township Committee, provided that no term of
any member shall exceed four years, and further provided that nothing
herein shall affect the term of any present member of the Planning
Board, all of whom shall continue in office until the completion of
the terms for which they were appointed. Thereafter, all Class IV
members shall be appointed for terms of four years except as otherwise
hereinabove provided. All terms run from January 1 of the year in
which the appointment is made.
E.
The Mayor's designee shall serve at the pleasure of
the Mayor and shall cease to serve upon termination of the Mayor's
term. The Mayor shall make his designation in writing and file same
with the Township Clerk who shall keep same on record and available
for public inspection; and a change of designee shall be effected
in like manner. The Mayor's designee shall not be considered to be
a member of the Board but shall vote in place or stead of the Mayor.
In any matter wherein the Mayor would be disqualified from acting,
the Mayor's designee shall likewise be disqualified.
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 six
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 six 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.
A.
Minor subdivision. Minor subdivision approvals shall
be granted or denied within 45 days of the date of submission of a
complete application to the Planning Board and within such further
time as may be consented to by the applicant. Approval of a minor
subdivision shall expire 190 days from the date on which the resolution
of municipal approval is adopted unless within such period a plat
in conformity with such approval and the provisions of the Map Filing
Law[1] or a deed clearly describing the approved minor subdivision
is filed by the developer and with the county recording officer, the
Township Engineer and the Township Tax Assessor. Any such plat or
deed shall be signed by the Chairman and Secretary of the Planning
Board before it shall be accepted for filing by the county recording
officer.
(1)
The Planning Board may extend the one-hundred-ninety-day
period for filing a minor subdivision plat or deed, as hereinabove
set forth, if a developer proves to the reasonable satisfaction of
the Planning Board that the developer was barred or prevented, directly
or indirectly, from filing said map because of delays in obtaining
legally required approvals from other governmental or quasi-governmental
entities and that the developer applied promptly for and diligently
pursued the required approvals. The length of the extension shall
be equal to the period of delay caused by the wait for the required
approvals, as determined by the Planning Board. The developer may
apply for the extension either before or after what would otherwise
be the expiration date.
(2)
The Planning Board shall grant an extension of minor
subdivision approval for a period determined by the Board, but not
exceeding one year from what would otherwise be the expiration date,
if the developer proves to the reasonable satisfaction of the Board
that the developer was banned or prevented, directly or indirectly,
from proceeding with the development because of delays in obtaining
legally required approvals from other governmental entities and that
the developer applied promptly for and diligently pursued the required
approvals. A developer shall apply for the extension before what would
otherwise be the expiration date of minor subdivision approval or
the 91st day after the developer receives the last legally required
approval from other governmental entities, whichever occurs later.
[1]
Editor's Note: See N.J.S.A. 46:23-9.9 et seq.
B.
Preliminary approval of major subdivisions. Upon submission
of a complete application for a subdivision of 10 or fewer lots, the
Planning Board shall grant or deny preliminary approval within 45
days of the date of such submission or within such further time as
may be consented to by the developer. Upon submission of a complete
application for a subdivision of more than 10 lots, the Planning Board
shall grant or deny preliminary approval within 95 days of the date
of such submission or within such further time as may be consented
to by the developer. Otherwise, the Planning Board shall be deemed
to have granted preliminary approval for the subdivision or site plan,
etc. Preliminary approval of a major subdivision shall confer upon
the applicant for a period of three years from the date on which the
resolution of preliminary approval was adopted all the rights specified
in N.J.S.A. 40:55D-49, including the right to apply for extensions
thereof as set forth in said section.
C.
Ancillary powers. Whenever the Planning Board is called
upon to exercise its ancillary powers before the granting of a variance
as set forth in this chapter, the Planning Board shall grant or deny
approval of the application within 95 days after submission by the
developer of a complete application or within such further time as
may be consented to by the applicant. Failure of the Planning Board
to act within the period prescribed shall constitute approval of the
application, and a certificate of the administrative officer as to
the failure of the Planning Board to act shall be issued on request
of the applicant.
D.
Final approval. Application for final subdivision
approval shall be granted or denied within 45 days of submission of
a complete application or within such further time as may be consented
to by the applicant. Final approval of a major subdivision shall expire
95 days from the date of signing of the plat unless within such period
the plat shall have been duly filed by the developer with the county
recording officer. The Planning Board may, for good cause shown, extend
the period for recording for an additional period not to exceed 190
days from the date of signing of the plat.
(1)
The Planning Board may extend the ninety-five-day
or one-hundred-ninety-day period if a developer proves to the reasonable
satisfaction of the Planning Board that the developer was barred or
prevented, directly or indirectly, from filing because of delays in
obtaining legally required approvals from other governmental or quasi-governmental
entities and that the developer applied promptly for and diligently
pursued the required approvals. The length of the extensions shall
be equal to the period of delay caused by the wait for the required
approvals, as determined by the Planning Board. The developer may
apply for an extension either before or after the original expiration
date.
(2)
The zoning rights applicable to the preliminary approval
first granted and all other rights conferred upon the developer, whether
conditionally or otherwise, shall not be changed for a period of two
years after the date on which the resolution of final approval was
adopted. Extensions of final approval may be granted pursuant to the
provisions of N.J.S.A. 40:55D-52.
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 § 240-36 of this chapter.
