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 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.
C. To approve conditional use applications in accordance with the provisions
of the Zoning Ordinance 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 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:
(1) Variances, pursuant to Section 57c of P.L. 1975, c. 291, 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]
(2) Direction, pursuant to Section 25 of said Act, 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 Section 23 of said Act.
(3) Direction, pursuant to Section 27 of said Act, 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.
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.
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.
[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, 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.