There is hereby established in the Township, pursuant to N.J.S.A.
40:55D-1 et seq., a Planning Board of nine members and two alternate
members, consisting of the following classes:
A.
Regular members.
(2)
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.
(3)
Class III: a member of the Township Council, to be appointed by it.
(4)
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.
B.
Alternate members.
(1)
Two 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" and "Alternate No. 2."
(2)
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.
A.
Regular members.
(1)
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.[1]
(2)
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.
(3)
The terms of all Class IV members shall be for four years, except
as otherwise hereinabove provided.
(4)
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.
B.
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.
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.
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.
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.
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.
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:
A.
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.
B.
To administer the provisions of the land subdivision and site plan
review ordinances 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.
C.
To approve conditional use applications in accordance with the provisions
of Part 3, Zoning, 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 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.
G.
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.
H.
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-26a, 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-26b.
I.
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:
(1)
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.
(2)
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.
(3)
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.
(4)
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.
J.
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.
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, 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. 46:23-9.9 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.
B.
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.
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 § 195-7I, the Planning Board shall grant or deny approval of the application within 120 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.
D.
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.
E.
Site plan approval.
(1)
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.
(2)
Upon submission of a complete application for preliminary approval
for a major site plan for 10 acres 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, 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.
F.
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.
G.
Completeness of application.
(1)
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.
(2)
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.
The Mayor may appoint one or more persons as a Citizen's 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.
Applications for development within the jurisdiction of the
Planning Board shall be filed with the Secretary of the Planning Board.
Applicants 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 the application for minor subdivision approval; three copies of
the application for major subdivision approval; or three copies of
the 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 provisions of this Part 1 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.
