Article I Planning Board

Class I: the Mayor of the Township or the Mayor's designee in the absence of the Mayor.

Class II: one of the officials of the Township, other than a member of the Township 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.

Class III: a member of the Township Council, to be appointed by it.

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 be 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.

Alternate members,

Four alternate members shall be appointed to the Planning Board by the Township Council. They shall meet all qualifications of Class IV members. At the time of their appointment, they shall be designated as "Alternate No. 1," "Alternate No. 2," Alternate 3" and "Alternate 4."

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, followed by Alternate 2, then Alternate 3 and Alternate 4.

§ 195-2 Terms.

Regular members,

The term of the Class I member shall correspond with his/her official tenure, or if the member is the Mayor's designee in the absence of the Mayor, the designee shall serve at the pleasure of the Mayor during the Mayor's official tenure. The terms of the Class II and Class III members 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 shall also be a member of the Environmental Commission. The term of a Class II or Class IV member who shall also be a member of the Environmental Commission shall be for three years or terminate at the completion of his/her term of office as a member of the Environmental Commission, whichever occurs first.

The term of a Class IV member who shall also be a member of the Zoning Board of Adjustment or the Board of Education shall terminate whenever he/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 shall be for four years, except as otherwise hereinabove provided.

All terms shall run from January 1 of the year in which the appointment is made. Any member other than a Class I member, after a public hearing if he/she requests one, may be removed by the Township Council for cause.

Alternate members. The terms of the alternate members shall be for two years, except that the terms of the alternate members shall expire in alternate years.

§ 195-3 Vacancies.

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.

§ 195-4 Organization.

The Planning Board shall select a Chairperson and a 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.

§ 195-5 Attorney.

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.

§ 195-6 Experts and staff.

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, however, shall not exceed, exclusive of gifts or grants, the amount appropriated by the Township Council for its use.

§ 195-7 Powers and duties.

The Planning Board is authorized to adopt such rules and regulations as may be necessary to carry into effect the provisions and purposes of Chapter 195, Land Use and Development. 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. The Planning Board shall also have the following powers and duties:

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 with respect to 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 a policy statement rather than regulation, in accordance with the provisions of N.J.S.A. 40:55D-28.

To administer the provisions of the Land Use and Development Ordinance of the Township in accordance with the provisions of such ordinances and the Municipal Land Use Law of 1975, N.J.S.A. 40:55D-1 et seq.

To approve conditional use applications in accordance with the provisions of Part 3, Zoning, pursuant to N.J.S.A. 40:55D-67.

To participate in the preparation and review of programs or plans required by state or federal law or regulations.

To assemble data on a continuing basis as part of a continuous planning process.

To annually prepare a program of Township capital improvement projects projected over a term of six years, and amendments thereto, and to recommend same to the Township Council. The operating departments of the Township and the respective Boards of Education are to be requested by letter to indicate their requirements.

To establish the Official Map, pursuant to an ordinance of the Township Council, and recommend amendments to the same, pursuant to N.J.S.A. 40:55D-32 and 40:55D-33.

To consider and report to the Township 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-26.a, and also pass upon other matters specifically referred to the Planning Board by the Township Council, pursuant to the provisions of N.J.S.A. 40:55D-26.b.

Applicability to Planning Board or Zoning Board of Adjustment. All references hereinafter to the Planning Board with regard to subdivision or site plan review shall apply to the Zoning Board of Adjustment when jurisdiction of the development plan review rests with the Zoning Board of Adjustment.

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:

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.

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.

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.

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.

To perform other advisory duties as may be assigned to it by ordinance or resolution of the Township Council for the aid and assistance of the Council or other agencies or officers.

To report on amendments to Part 3, Zoning, pursuant to N.J.S.A. 40:55D-64.

To hear, recommend and report to the Township Council any request for rezoning as described in § 195-45, Procedural requirements.

§ 195-8 Time provisions.

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, 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, N.J.S.A. 46:26B-1 et seq., or a deed clearly describing the approved minor subdivision, is filed by the developer with the County Recording Officer, the Township Engineer and the Township Tax Assessor. Any such plat or deed shall be signed by the Chairperson and Secretary of the Planning Board before it is accepted for filing by the County Recording Officer.

Preliminary approval, 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.

Ancillary powers. Whenever the Planning Board is called upon to exercise its ancillary powers before the granting of a variance, as set forth in § 195-7J, the Planning Board shall grant or deny approval of the application within 95 days after submission by a developer of a complete application to the administrative officer, or within such further time as may be consented to by the applicant.

Final approval, major subdivisions. 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 has 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.

Site plan approval.

Minor site plan approval shall be granted or denied within 45 days of the date of the submission of a complete application to the administrative officer, or within such further time as may be consented to by the applicant. Minor site plan approval shall be deemed to be final approval of the site plan by the Planning Board, subject to any conditions that the Board may impose.

Upon submission of a complete application for preliminary approval for a major site plan for 10 acres or less, and 10 dwelling units or less, the Planning Board shall grant or deny preliminary approval within 45 days of the date of submission, or within such further time as may be consented to by the applicant. Upon submission of a complete application for preliminary approval for a major site plan for more than 10 acres, or more than 10 dwelling units, the Planning Board shall grant or deny preliminary approval within 95 days of submission, or within such further time as may be consented to by the applicant. Following preliminary approval, final approval of a major site plan shall be granted or denied within 45 days of submission of a complete application for final approval.

Failure of Planning Board to act. Failure of the Planning Board to act within the period set forth in Subsections A through E above, whichever is appropriate, shall constitute the approval applied for, and a certificate by the administrative officer as to the failure of the Planning Board to act shall be issued upon request of the applicant. Such certificate shall be sufficient evidence of approval in lieu of written endorsement or other evidence of approval.

Completeness of application.

An application for development shall be complete for purposes of commencing the applicable time period for action by the Planning Board when so certified by the Planning Board or its authorized designee. In the event that the Planning Board or designee does not certify the application to be complete within 45 days of the date of its submission, the application shall be deemed complete upon the expiration of the forty-five-day period for purposes of commencing the applicable time period, unless:

(a)

The application lacks information required by the specific land development regulations for the particular type of application, which list of requirements shall be provided to the applicant; and

(b)

The Planning Board or its designee has notified the applicant, in writing, of the deficiencies in the application within 45 days of submission of the application.

§ 195-10 Applications; procedure for filing; rezoning.

The applicant may request that one or more of the submission requirements be waived, in which event the Planning Board shall grant or deny the request within 45 days. Nothing herein shall be construed as diminishing the applicant's obligation to prove in the application process that he/she is entitled to approval of the application. The Planning Board may subsequently require correction of any information found to be in error and submission of additional information not specified in this Part 1 or any revisions in the accompanying documents as are reasonably necessary to make an informed decision as to whether the requirements necessary for approval of the application for development have been met. The application shall not be deemed incomplete for lack of any such additional information or any revisions in the accompanying documents so required by the Planning Board.

§ 195-9 Development Review Committee.

A Development Review Committee (see § 195-56) has been established to review all applications, except for one- and two-family homes, for development or requests for review presented to the Planning Board or the Zoning Board of Adjustment to assist both Boards and the citizens of the Township by facilitating the approval process and increasing efficiencies. Minor site plan and subdivision applications may be excluded at the discretion of administrative officer.

Applications for development within the jurisdiction of the Planning Board shall be filed with the Secretary of the Planning Board. 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 Part 1 or any rule of the Planning Board. The applicant shall obtain the Township of Clark Land Development Application from the Secretary of the Planning Board or download the document from the Township website at www.ourclark.com. 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.

Applications for rezoning.

Application authorized. The owner of any real property in the Township of Clark may submit an application to the Planning Board of the Township of Clark for the rezoning of its real property. A "developer," as that term is used in the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., may submit an application for rezoning, provided that such application is submitted with the written consent of the owner of the affected property.

Required submissions. Each application for rezoning shall include all required fees and escrows and 24 copies of the following:

(a)

A fully completed application for rezoning.

(b)

A map of the entire tract depicting, at minimum, all of the information required by § 195-79, Plan details.

(c)

A concept plan, depicting the nature, features and proposed use of the property as rezoned.

(d)

A specific proposal for rezoning, which may be either that the tract in question be rezoned to a specific existing zoning district or that a new zoning district be created. If a new zoning district is to be created, applicant shall submit a specific, detailed proposal for said zoning district which shall include permitted uses, conditional uses, if any, and all required bulk conditions, including lot size and area, setbacks, height requirements, open space requirements, building coverage requirements, parking requirements and the like.

Certification of complete application. The procedure set forth in § 195-36, Completeness of application; checklist, with respect to an application for development shall be utilized for the purpose of certifying an application to be complete.