[Amended 7-6-1987]
A.
There is hereby established, pursuant to P.L. 1975, c. 291,[1] in Liberty Township a Planning Board of nine members,
consisting of the following three classes:
(1)
Class I: the Mayor.
(2)
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 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 IV: seven 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 may be a member of the Board of Education. A
member of the Environmental Commission who is also a member of the
Planning Board, shall be deemed to 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 N.J.S.A. 40:55D-1 et seq.
B.
Alternate members.
[Amended 3-2-2006 by Ord. No. 06-01]
(1)
Appointment.
(a)
There is hereby established pursuant to N.J.S.A. 40:55D-23.1
four alternate members of the Planning Board.
(b)
Alternate members shall be appointed by the Mayor and shall
meet qualifications of Class IV members.
(c)
Alternate members shall be designated at the time of appointment
by the Mayor as "Alternate No. 1," "Alternate No. 2," "Alternate No.
3," and "Alternate No. 4."
(2)
Terms. 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 two alternate members shall expire in any
one year; provided, however, that in no instance shall the terms of
the alternate members first appointed exceed two years. A vacancy
occurring otherwise than by expiration of term shall be filled by
the Mayor for the unexpired term only.
(3)
Restrictions and voting. 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 member composing Class I shall correspond with his
official tenure.
(2)
The terms of the members composing Class II 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.
(3)
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 comes first.
(4)
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.
(5)
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 appointment, 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 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 herein provided.
All terms shall run from January 1 of the year in which the appointment
was made.
B.
Alternate members. The terms of office 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; provided, however, that in no instance shall
the terms of the alternate members first appointed exceed two years.
[Added 7-6-1987]
A.
Regular members. If a vacancy of any Class shall occur other than
by expiration of term, it shall be filled by appointment as above
provided for the unexpired term.
B.
Alternate members. A vacancy occurring other than by expiration of
term shall be filled by the Mayor for the unexpired term only.
[Added 7-6-1987]
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 municipal employee designated
by it.
There is hereby created the office of Planning Board Attorney.
The Planning Board may annually appoint, fix the compensation of or
agree upon the rate of compensation of the Planning Board Attorney,
who shall be an attorney other than the Municipal Attorney.
The Planning Board may also employ or contract or 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 Part 1. In
the issuance of subpoenas, administration of oaths and taking of testimony,
the provisions of the County and Municipal Investigations Law of 1973
(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.
B.
To administer the provisions of the Land Subdivision Ordinance and
Site Plan Review Ordinance[1] of the municipality in accordance with the provisions
of said ordinances and the Municipal Land Use Law, P.L. 1975, c. 291,
N.J.S.A. 40:55D-1 et seq.
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 improvement projected
over a term of six years, and amendments thereto, and recommend the
same to the governing body.
G.
To consider and make reports 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.
H.
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[3]:
(1)
Variances, pursuant to Section 57c of P.L. 1975, c. 291,[4] from lot area, lot dimensional setback and yard requirements,
provided that such relief from lot area requirements shall not be
granted for more than three, plus the remaining lots. Whenever relief
is requested pursuant to this subsection, notice of a hearing on the
application for development shall include a reference to the request
for a variance.
[Amended 8-7-1989 by Ord. No. 6-89]
[4]
Editor's Note: See N.J.S.A. 40:55D-70c.
(2)
(3)
Direction, pursuant to Section 27 of said Act,[7] for issuance of a permit for a building or structure not
related to a street. 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.
[7]
Editor's Note: See N.J.S.A. 40:55D-36.
I.
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.[8]
[8]
Editor's Note: Original Section 8a and b, Minor Subdivisions,
and Preliminary Approval Major Subdivisions, respectively, which immediately
followed this subsection, was deleted 7-6-1987. For current provisions,
see §§ 90-71 and 90-8.
J.
The Board hereby created shall also exercise all the powers, duties
and procedures as set forth in the Municipal Land Use Law for Zoning
Boards pursuant to N.J.S.A. 40:55D-25(c)(1).
[Added 3-2-2006 by Ord. No. 06-01]
Whenever the Planning Board is called upon to exercise its ancillary powers before the granting of a variance as set forth in § 72-7H(1) of this Part 1, 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.[1]
[1]
Editor's Note: Original Section 8d, Final Approval, which
immediately followed this section was deleted 7-6-1987. For current
provisions, see §§ 90-71 and 90-9.
[Amended 9-8-1997 by Ord. No. 97-10]
Applications for development within the jurisdiction of the
Planning Board, pursuant to the provisions of P.L. 1975, c. 291,[2] shall be filed with the Secretary of the Planning Board.
The applicant shall file, at least 21 days before the date of the
monthly meeting of the Board, 12 copies of a sketch plat; 12 copies
of applications for minor subdivision approval; 12 copies of applications
for major subdivision approval; or 12 copies of applications for site
review, conditional use approval or planned development. At the time
of filing the application, the applicant shall also file all plot
plans, maps or other papers required by virtue of any provision 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.
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 actions 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.
