[Amended 9-27-2010 by Ord. No. 2010-17]
A. 
There shall be in the Town of Newton, pursuant to the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., and specifically N.J.S.A. 40:55D-25c, 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.
[Amended 2-13-2012 by Ord. No. 2012-2]
(2) 
Class II. One of the officials of the Town other than a member of the Town Council, to be appointed by the Mayor.
(3) 
Class III. A member of the Town Council, to be appointed by it.
(4) 
Class IV. Six other citizens of the Town, to be appointed by the Town Council. The Class IV members shall hold no other office in the Town.
B. 
There shall also be four alternate members appointed to the Planning Board in the same manner as Class IV members, who shall be designated by the Chair of the Planning Board as "Alternate No. 1" through "Alternate No. 4." Upon the effective date of this section, to stagger appointment expiration dates, Alternate Nos. 1 and 3 shall be appointed for a term of two years each, and Alternate Nos. 2 and 4 shall be appointed for a term of one year each. Thereafter, an alternate member shall be appointed for a term of two years.
C. 
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. 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 be chosen first, followed in turn by Alternate No. 2, then Alternate No. 3, and then Alternate No. 4, if necessary.
[Amended 2-13-2012 by Ord. No. 2012-2]
A. 
The term of the member composing Class I shall correspond with his 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 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.
[Amended 2-13-2012 by Ord. No. 2012-2]
B. 
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 Town Council; provided, however, 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 shall run from January 1 of the year in which the appointment is made.
C. 
The terms of alternate members shall be for two years, except that, of the alternate members first appointed, one shall be appointed for a one-year term and one shall be appointed for a two-year term. The terms shall run from January 1 of the year in which the appointment is made. Thereafter, all appointments shall be made for a term of two years.
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 Town employee designated by it.
There is hereby created the office of Planning Board Attorney. The Planning Board Attorney, who shall be an attorney other than the Municipal Attorney, shall be appointed in the manner provided by law.
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 exceed, however, exclusive of gifts or grants, the amount appropriated by the Town Council for its use.
The Planning Board is 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 Town, including any areas outside its boundaries which in the Board's judgment bear essential relation to the planning of the Town, in accordance with the provisions of N.J.S.A. 40:55D-28.
B. 
To administer the provisions of Chapter 240, Land Subdivision and Site Plan Review, of the Code of the Town of Newton, in accordance with the provisions of such chapters and the Municipal Land Use Law of 1975, N.J.S.A. 40:55D.
[Amended 4-9-2012 by Ord. No. 2012-12]
C. 
To hear applications for conditional uses and, in proper cases, to approve conditional use permits in accordance with the provisions of Chapter 320, Zoning, pursuant to N.J.S.A. 40:55D-76.
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 same to the Town Council.
G. 
To consider and make a report to the Town Council within 35 days after referral, 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 Town Council, pursuant to the provisions of N.J.S.A. 40:55D-26b.
H. 
Pursuant to N.J.S.A. 40:55D-25c, the Planning Board shall exercise, to the same extent and subject to the same restrictions, all powers of a zoning board of adjustment as listed and provided under the Municipal Land Use Law. In the event an application requires relief under N.J.S.A. 40:55D-70d, the Class I and Class III members of the Planning Board shall not participate in the consideration thereof, and said application shall be considered by no more than seven members/alternates.
[Amended 9-27-2010 by Ord. No. 2010-17]
I. 
To perform such other advisory duties as are assigned to it by ordinance or resolution of the Town Council for the aid and assistance of the Town Council or other agencies or officers.
[Amended 9-27-2010 by Ord. No. 2010-17]
Applications submitted to the Planning Board shall be on and include such forms as prescribed by the Planning Board. Applications and supporting documents are to be filed with the Planning Board Administrator in conformance with the rules enacted by the Planning Board and the requirements of the Municipal Land Use Law.
A. 
Minor subdivisions.
(1) 
Minor subdivision or site plan applications shall be granted or denied within 45 days of the date of certification of submission of a complete application 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 shall be signed by the Chairman and Secretary of the Planning Board before it will be accepted for filing by the County Recording Officer. Minor site plan approval shall be deemed to be final approval of the site plan by the Board, provided the Board or a site plan committee of the Board appointed by the Chairman finds that the application conforms to the definition of "minor site plan," and further provided that the Board or the subcommittee may condition such approval on terms ensuring the provision of improvements, pursuant to N.J.S.A. 40:55D-38, 40:55D-39, 40:55D-41 and 40:55D-53.
(2) 
Any approvals given pursuant to this section shall be conditioned upon timely receipt of a favorable report on the application by the County Planning Board or approval by the County Planning Board by its failure to report thereon within the required time period.
B. 
Preliminary approval for site plans and subdivisions.
(1) 
Upon submission of a complete application for a site plan which involves 10 acres of land or less and 10 dwelling units or less, or for a subdivision of 10 or fewer lots, the Planning Board shall grant or deny preliminary approval within 45 days of certification of completeness of such submission or within such further time as may be consented to by the developer.
(2) 
Upon submission of a complete application for a site plan which involves more than 10 acres or more than 10 dwelling units, or for a subdivision of more than 10 lots, the Planning Board shall grant or deny preliminary approval within 95 days of the date of certification of completeness 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 to the subdivision or site plan.
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 § 166-14G 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.
D. 
Final approval.
(1) 
Application for final subdivision or site plan approval shall be granted or denied within 45 days of certification of completeness of the 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.
(3) 
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.
E. 
Conditional uses. Upon submission of a complete application for approval of a conditional use, the Planning Board shall grant or deny such application within 95 days from the date of certification of completeness of the application or within such further time as may be consented to by the applicant. The review of the conditional use shall include any required site plan review. Failure of the Planning Board to act within the prescribed period 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.
F. 
The Planning Board shall render its decisions on applications submitted to it not specifically addressed above in compliance with any time frame established by the Municipal Land Use Law.
[Added 9-27-2010 by Ord. No. 2010-17]
The Town Council 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 Town Council.
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.
[Added 9-27-2010 by Ord. No. 2010-17; amended 6-9-2014 by Ord. No. 2014-10]
A. 
Any variance granted by the Planning Board permitting the erection or alteration of any structure or structures, or permitting a specified use of any property, shall expire one year from the adoption of the resolution memorializing the Board's decision unless:
(1) 
Construction has commenced and is presently proceeding or completed, or unless such permitted use has actually commenced within one year; or
(2) 
An appeal has been filed from a Board action to a court of competent jurisdiction, in which case the one-year expiration period shall resume running upon the signing of a court order concluding the appeal; or
(3) 
A variance approved in conjunction with and related to a subdivision or site plan application shall expire at the expiration period of the related site plan or subdivision approval, if such expiration period is later.
B. 
Any preliminary major site plan, major subdivision or minor subdivision approval granted by the Planning Board shall expire three years from the date of the adoption of the resolution memorializing the Board's approval unless:
(1) 
The application receives an extension pursuant to the MLUL; or
(2) 
An appeal has been filed from a Board action to a court of competent jurisdiction, in which case the three-year time period shall resume running upon the signing of a court order concluding the appeal.
C. 
Any minor site plan, final major subdivision or final major site plan approval granted by the Planning Board shall expire within two years from the date of the adoption of the resolution memorializing the Board's approval unless:
(1) 
The application received an extension pursuant to the MLUL; or
(2) 
An appeal has been filed from a Board action to a court of competent jurisdiction, in which case the two-year time period shall resume running upon the signing of a court order concluding the appeal.