There is hereby established, pursuant to P.L. 1975, c. 291,[1] in the Borough of Lodi, a Planning Board of nine members, consisting of the following four classes:
A. 
Class I: the Mayor or the Mayor's designee in the absence of the Mayor. The Mayor's designee shall serve at the pleasure of the Mayor during the Mayor's official tenure.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
Class II: one of the officials of the municipality other than a member of the governing body 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 are 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 governing body 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 member 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, 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.
[1]
Editor's Note: See now N.J.S.A. 40:55D-1 et seq.
[Added 10-5-1988 by Ord. No. 88-24]
A. 
After the effective date of the section, the membership of the Planning Board of the Borough of Lodi shall include, in addition to its presently authorized membership, two alternate members.
B. 
The alternate members shall be appointed by the Mayor and shall meet the requirements of Class IV members of nine-member planning boards.
C. 
The terms of the alternate members shall be for two years and shall commence on July 1 of the year appointed. The terms of the alternate members first appointed shall be such that the term of no more than one alternate shall expire in any one year, provided that the terms of the alternate members first appointed shall not exceed two years. A vacancy occurring other than by expiration of term shall be filled by the Mayor for the unexpired term only.
D. 
Alternate members shall be designated by the Mayor at the time of appointment as "Alternate No. 1" and "Alternate No. 2."
E. 
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.
F. 
If the Planning Board lacks a quorum because any of its regular or alternate members is prohibited by N.J.S.A. 40:55D-23b or N.J.S.A. 40:55D-23.1 from acting on a matter due to the member’s personal or financial interests 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 of 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.[1]
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
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 shall 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 a Class IV member who is also a member of the Environmental Commission shall be for three years or shall 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 the 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.
C. 
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 terms shall be evenly distributed over the first four years after their appointments, as determined by resolution of the governing body; provided, however, that no term of any member shall exceed four years, and further provided that nothing herein shall affect the terms of any present members 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 herein provided. All terms shall run from January 1 of the year in which the appointment was made.
If a vacancy of any class shall occur otherwise than by expiration of term, it shall be filled by appointment as provided above for the unexpired term.
The Planning Board shall elect a Chairman and Vice Chairman from the members of Class IV, select a Secretary, who may or may not be a member or alternate member of the Planning Board or a municipal employee, and create and fill such other offices as established by ordinance. An alternate member may not serve as Chairman or Vice Chairman of the Planning Board. It may employ, or contract for, and fix the compensation of legal counsel, other than the Municipal Attorney, and experts, and other staff and services as it may deem necessary, not exceeding, exclusive of gifts or grants, the amount appropriated by the governing body for its use. The governing body shall make provisions in its budget and appropriate funds for the expenses of the Planning Board.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A Planning Board Attorney shall be appointed in the manner, for the term and for such compensation as may be established by ordinance.
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, exclusive of gifts or grants, the amount appropriated by the governing body for its use.
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. 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 municipality, including any areas outside its boundaries which, in the Board's judgment, bear essential relation to the planning of the municipality, in accordance with the provisions of N.J.S.A. 40:55D-28.[1]
[1]
Editor's Note: Original § 69-7B, which followed this subsection, was omitted at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
B. 
To administer the provisions of this chapter and to approve conditional use applications in accordance with Chapter 585, Zoning, pursuant to N.J.S.A. 40:55D-67.
C. 
To participate in the preparation and review of programs or plans required by state or federal law or regulations.
D. 
To assemble data on a continuing basis as part of a continuous planning process.
E. 
To annually prepare a program of municipal capital improvement projects projected over a term of six years, and amendments thereto, and recommend same to the governing body.
F. 
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-26a, and also pass upon other matters specifically referred to the Planning Board by the governing body, pursuant to the provisions of N.J.S.A. 40:55D-26b.
G. 
When reviewing applications for approval of subdivision plats, site plans or conditional uses, to grant, to the same extent and subject to the same restrictions as the Zoning Board of Adjustment, variances, pursuant to Section 57c of P.L. 1975, c. 291[2] 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. 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.
[2]
Editor's Note: See now N.J.S.A. 40:55D-70c.
H. 
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.
A. 
Minor subdivisions. Minor subdivision approvals shall be granted or denied within 45 days of the date of submission of a complete application to the Planning Board or within such further time as may be consented to by the applicant. Approval of a minor subdivision shall expire 190 days from the date of Planning Board approval unless within such period a plat in conformity with such approval and the provisions of the Map Filing Law or a deed clearly describing the approved minor subdivision is filed by the developer with the County Recording Officer, the Municipal Engineer and the Municipal Tax Assessor. Any such plat or deed must be signed by the Chairman and Secretary of the Planning Board before it will be accepted for filing by the County Recording Officer.
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 the submission of a completed 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.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
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 Article I, § 63-8G, of 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.
(1) 
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.
(2) 
Final approval of a major subdivision shall expire 95 days from the date of the 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 the signing of the plat.
Applications for development within the jurisdiction of the Planning Board, pursuant to the provisions of P.L. 1975, c. 291,[1] shall be filed with the Administrative Officer of the Borough of Lodi. The applicant shall file, at least 14 days before the date of the monthly meeting of the Board, three copies of a sketch plat, three copies of an application for minor subdivision approval, three copies of an 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 provision of this chapter or any rule of the Planning Board. The applicant shall obtain all necessary forms from the Administrative Officer. The Administrative Officer shall inform the applicant of the steps to be taken to initiate applications and of the regular meeting dates of the Board.
[1]
Editor's Note: See now N.J.S.A. 40:55D-1 et seq.
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.
Whenever the Environmental Commission has prepared and submitted to the Planning Board an index of the natural resources of the municipality, the Planning Board shall make available to the Environmental Commission an informational copy of every application for development to the Planning Board. Failure of the Planning Board to make such informational copy available to the Environmental Commission shall not invalidate any hearing or proceeding.