A.
Establishment. A Planning Board is hereby established in accordance
with the provisions of N.J.S.A. 40:55D-23.
B.
Membership.
(1)
The Planning Board shall consist of nine members. For convenience
in designating the manner of appointment, the membership shall consist
of and be divided into the following four classes.
(2)
The members of Class IV shall hold no other Township Office except
that one such member may be a member of the Zoning Board of Adjustment,
and one such member may be a member of the Board of Education.
(3)
There shall be four alternate members of the Planning Board meeting
the qualifications of Class IV members that are appointed by the Mayor
and designated as, respectively, "Alternate 1, 2, 3 and 4."
[Amended 1-22-2008 by Ord. No. 2-2008]
(4)
Alternate members may participate in discussions of the proceedings
but may not vote except in the absence of 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.
A.
The terms of the member composing Class I shall correspond to his/her
official tenure. The terms of the members composing Class II and Class
III shall be one year or terminate at the completion of their respective
terms of office, whichever occurs first. 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 or she is no longer a member of such other
body or at the completion of his/her Class IV term, whichever occurs
first. The terms of all Class IV members first appointed under this
chapter shall be so determined that to the greatest practicable extent
the expiration of such terms shall be distributed evenly over the
first four years after their appointment; provided that the initial
Class IV term of no member shall exceed four years. Thereafter, the
Class IV term of each such member shall be four years. If a vacancy
in any class shall occur otherwise than by expiration of the Planning
Board term, it shall be filled by appointment, as above provided,
for the unexpired term. The terms of the 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. The terms of the vacancy occurring otherwise
than by expiration of term shall be filled by the Mayor for the unexpired
term only.
B.
No member of the Planning Board shall be permitted to act on any
matter in which he has, either directly or indirectly, any personal
or financial interest. Any members other than a Class I member, after
a public hearing if he requests one, may be removed by the Township
Committee for cause.
C.
When any hearing before a Planning Board shall carry over two or
more meetings, a member of the Board who was absent for one or more
of the meetings shall be eligible to vote on the matter upon which
the hearing was conducted, notwithstanding his/her absence from one
or more of the meetings; provided, however, that such board member
has available to him a transcript or recording of the meetings from
which he was absent, and certifies in writing to the board that he
has read such transcript or listened to such recording.
The Planning Board shall elect a chairman and vice chairman
from the members of Class IV, and select a secretary, who may or may
not be a member of the Planning Board or a municipal employee. It
may employ, or contract for, and fix the compensation of legal counsel,
other than the Township attorney, a planning consultant, a civil engineer,
environmental planner, and other staff and services as it may deem
necessary, not exceeding, exclusive of gifts or grants, the amount
appropriated by the Township Committee for its use.
A.
The Planning Board shall follow the provisions of this chapter and
shall accordingly exercise its power in regard to:
B.
The Planning Board may:
(1)
Participate in the preparation and review of programs or plans required
by state or federal law or regulations;
(2)
Assemble data on a continuing basis as part of a continuous planning
process; and
(3)
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 Township Committee or other agencies or officers.
A.
The Planning Board, when reviewing applications for approval of subdivision
plats, site plan, or conditional uses, shall have the power to grant
to the same extent and subject to the same restrictions as the Board
of Adjustment:
(3)
Direction pursuant to Subsection B of § 144-12, Official Map, of Article III of this chapter for issuance of a permit for a building or structure in the bed of a mapped street or public drainage way, flood control basin or public area reserved pursuant to Subsection A of § 144-12, Official Map, of Article III of this chapter.
B.
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.
A.
Prior to the adoption of a development regulation, revision, or amendment
thereto, the Planning Board shall make and transmit to the Township
Committee, within 35 days after referral, a report including recommendations
concerning the proposed development regulation, revision or amendment
thereto. The Township Committee shall review the report of the Planning
Board and may disapprove or change any recommendation by a vote of
a majority to its full authorized membership and shall record in its
minutes the reasons for not following such recommendations. Failure
of the Planning Board to transmit its report within the thirty-five-day
period provided herein shall relieve the Township Committee from the
requirements of this subsection in regard to the proposed development
regulation, revision or amendment thereto referred to the Planning
Board.
B.
Prior to the hearing on adoption of an ordinance providing for Planning Board approval of either subdivisions or site plans or both or any amendment thereto, the Township Committee shall refer any such proposed ordinance or amendment thereto to the Planning Board pursuant to Subsection A of this section.
A.
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.
B.
Whenever the Environmental Commission has prepared and submitted
to the Planning Board an index of the natural resources of the Township,
the Planning Board and Board of Adjustment shall make available to
the Environmental Commission an informational copy of every application
for development submitted to the Planning Board or Board of Adjustment.
Failure to make such informational copy available to the Environmental
Commission shall not invalidate any hearing or proceeding.
