There is hereby established pursuant to P.L. 1975, c. 291 (N.J.S.A.
40:55D-1 et seq.), in the Township of White, a Planning Board of nine
members. The Planning Board shall consist of three classes of members
as follows:
B.
Class II: one of the officials of the Township 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 Section 1 of P.L. 1968, c. 245 (N.J.S.A. 40:56A-1), shall be deemed
to be the Class II Planning Board member for purposes of this chapter
in the event that 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.
C.
Class IV.
(1)
Seven citizens of the Township to be appointed by the Mayor. The
members of Class IV shall hold no other municipal office, position
or employment, except that one such member may be a member of the
Zoning Board of Adjustment and one member may be a member of the Board
of Education. The member of the Environmental Commission who is also
a member of the Planning Board, as required by Section 1 of P.L. 1968,
c. 245 (N.J.S.A. 40:56A-1), shall 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 common to the Planning
Board the Municipal Environmental Commission shall be deemed a Class
II member of the Planning Board. For the purpose of this section,
membership on a municipal board or commission whose function is advisory
in nature and the establishment of which is discretionary and not
required by statute shall not be considered holding of municipal office.
[Amended 9-5-1986]
(2)
Alternate members.
[Added 3-11-1988]
[Added 3-11-1988]
A.
The term of said Class IV alternate members shall be two years.
B.
The appointment shall be by the Mayor, and, at the time of appointment,
said alternate members shall be known as "Alternate No. 1" and "Alternate
No. 2."
C.
The terms of the alternate members shall be for a term of 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 member first appointed exceed two years. A vacancy occurring
otherwise than by expiration of term shall be filled by the appointing
authority for the expired term only.
D.
No alternate member shall be required to act on any matter in which
he has, either directly or indirectly, any personal or financial interest.
An alternate member may, after public hearing, if he requests one,
be removed by the governing body for cause.
E.
Alternate members may participate in the discussion 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.
The term of the member composing Class I shall correspond to
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 term of the member
composing Class II shall be for one year or terminate at the completion
of his or her term of office, whichever occurs first, except for a
Class II member who is also a member of the Environmental Commission.
The term of a Class II or Class IV member who is also a member of
the Environmental Commission shall be for three years or terminate
at the completion of his term of office as a member of the Environmental
Commission, whichever occurs first. The term of a Class IV member
who is also a member of the Board of Adjustment or 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.
The terms of all Class IV members first appointed under this chapter
shall be so determined that to the greatest practicable extent the
expiration of such terms shall be distributed evenly over the first
four years after their appointment, provided that the initial Class
IV term of no member shall exceed four years. Thereafter the Class
IV term of each such member shall be four years. Nothing contained
herein shall affect the terms of any present members of the Planning
Board, all of whom shall continue in office until the completion of
the terms for which they were appointed. All terms shall run from
January 1 of the year in which the appointment is made.
If a vacancy in any class shall occur otherwise than by expiration
of the Planning Board term, it shall be filled by appointment, as
above provided, for the unexpired term.
Any member other than a Class I member, after a public hearing
if he requests one, may be removed by the governing body for cause.
A.
No member
of the Planning Board shall be permitted to act on any matter in which
he has, either directly or indirectly, any personal or financial interest.
Whenever any such member shall disqualify himself from acting on a
particular matter, he shall not continue to sit with the Board on
the hearing of such matter, nor participate in any discussion or decision
relating thereto, as a member of the Board.
B.
If the
Planning Board lacks a quorum because any of its regular or alternate
members is prohibited by N.J.S.A. 40:55D-23 or 40:55D-23.1 from acting
on a matter due to the member's personal or financial interests therein,
regular members of the Board of Adjustment shall be called upon to
serve, for that matter only, as temporary members of the Planning
Board in order of seniority of continuous service to the Board of
Adjustment until there are the minimum number of members necessary
to constitute a quorum to act upon the matter without any personal
or financial interest therein, whether direct or indirect. If a choice
has to be made between regular members of equal seniority, the Chairman
of the Board of Adjustment shall make the choice.
The Planning Board shall adopt and may amend bylaws and such
other reasonable rules and regulations governing its procedural operation,
which bylaws, rules and regulations shall be consistent with the provisions
of this chapter and the New Jersey Municipal Land Use Law (N.J.S.A.
40:55D-1 et seq.). The Planning Board shall elect a Chairman and Vice
Chairman from the members of Class IV, select a Secretary who may
or may not be a member of the Planning Board or a Township employee,
and create and fill such other offices as may be established pursuant
to its bylaws. It may employ or contract for and fix the compensation
of legal counsel, other than the Township Attorney, and experts and
other staff and services as it may deem necessary, not exceeding,
exclusive of gifts or grants, the amount appropriated by the governing
body for its use.
The Planning Board shall be governed by and shall have, therefore,
such powers as are conferred upon it by P.L. 1975, c. 291 (N.J.S.A.
40:55D-1 et seq.). More specifically, but without limitation, the
Planning Board shall have authority to:
A.
Master Plan: prepare, adopt, reexamine and report as required by
N.J.S.A. 40:55D-89 and, from time to time, amend or revise a Master
Plan or component parts thereof for the Township.
[Amended 9-5-1986]
B.
Subdivisions and site plans: exercise control over the review and
approval of subdivisions and site plans in accordance with this chapter.
C.
Continuing planning: assemble data on a continuing basis as part
of a continuous planning process.
D.
Conditional uses: exercise such control as may be conferred upon
it by this chapter over the granting of applications for conditional
uses.
E.
Review in lieu of Board of Adjustment.
[Amended 9-5-1986]
(1)
Whenever the proposed development requires approval of a subdivision,
site plan or conditional use, but not a variance pursuant to N.J.S.A.
40:55D-70d, the Planning Board shall have the power to grant to the
same extent and subject to the same restrictions as the Board of Adjustment:
(a)
Variances pursuant to N.J.S.A. 40:55D-70c.
(b)
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; and
(c)
Direction pursuant to N.J.S.A. 40:55D-36 for issuance of a permit
for a building or structure not related to a street.
(2)
Whenever relief is requested pursuant to this section, notice of
the 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.
(3)
The developer may elect to submit a separate application requesting
approval of the variance or direction of the issuance of a permit
and a subsequent application for any required approval of a subdivision,
site plan or conditional use. The separate approval of the variance
or direction of the issuance of a permit shall be conditioned upon
grant of all required subsequent approvals by the Planning Board.
No such subsequent approval shall be granted unless the approval can
be granted without substantial detriment to the public good and without
substantial impairment of the intent and purpose of this chapter.
(4)
Whenever an application is made pursuant to this subsection, 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. In the event that the developer elects
to submit separate consecutive applications, the aforesaid provision
shall apply to the application for approval of the variance or direction
for issuance of a permit. The period for granting or denying and subsequent
approval shall be as otherwise provided in this Act.[1] 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, and it shall be
sufficient in lieu of the written endorsement or other evidence of
approval, herein required, and shall be so accepted by the county
recording officer for purposes of filing subdivision plats.
[1]
Editor's Note: "Act" refers to the Municipal Land Use Law,
P.L. 1975, c. 291 (N.J.S.A. 40:55D-1 et seq.).
F.
Review of capital projects: Whenever the Planning Board shall have
adopted any portion of the Master Plan, the governing body or other
public agency having jurisdiction over the subject matter, before
taking action necessitating the expenditure of any public funds incidental
to the location, character or extent of such project, shall refer
the action involving such specific project to the Planning Board for
review and recommendation in conjunction with such Master Plan and
shall not act thereon without such recommendation or until 45 days
have elapsed after such reference without receiving such recommendation.
This requirement shall apply to action by a housing, parking, highway,
special district or other authority, redevelopment agency, school
board or other similar public agency, state, county or municipal.
G.
Referrals.
[Amended 9-5-1986]
(1)
Prior to the adoption of a development regulation, revision or amendment
thereto, the Planning Board shall make and transmit to the governing
body, within 35 days after referral, a report, including identification
of any provisions in the proposed development regulation, revision
or amendment which are inconsistent with the Master Plan and recommendations
concerning these inconsistencies and any other matters as the Board
deems appropriate. The governing body, when considering the adoption
of a development regulation, revision or amendment thereto, shall
review the report of the Planning Board and may disapprove or change
any recommendation by a vote of a majority of its full authorized
membership and shall record in its minutes the reasons for not following
such recommendation. Failure of the Planning Board to transmit its
report within the thirty-five-day period provided herein shall relieve
the governing body from the requirements of this subsection in regard
to the proposed development regulation, revision or amendment thereto
referred to the Planning Board.
(2)
The Township Committee, by ordinance, may provide for the reference
of any matter or class of matters to the Planning Board before final
action thereon by a municipal body or municipal officer having final
authority thereon except for any matter under the jurisdiction of
the Board of Adjustment. Whenever the Planning Board shall have made
a recommendation regarding a matter authorized by this section to
another municipal body, such recommendation may be rejected only by
a majority of the full authorized membership of such other body.
H.
Simultaneous review: Review and approve or deny conditional uses
or site plans simultaneously with review for subdivision approval
without the developer being required to make further application to
the Planning Board, or the Planning Board being required to hold further
hearings. The longest time period for action by the Planning Board,
whether it is for subdivision, conditional use or site plan approval,
shall apply. Whenever approval of a conditional use is requested by
the developer pursuant to this section, notice of the hearing on the
plat shall include reference to the request for such conditional use.
I.
Other functions: exercise such other duties as may be assigned to
it by ordinance or resolution of the governing body and perform such
other functions as may be authorized by the New Jersey Municipal Land
Use Law, P.L. 1975, c. 291 (N.J.S.A. 40:55D-1 et seq.), and other
state statutes and administrative regulations.[2]
[2]
Editor's Note: Original § 71-13, Time period for
approvals, § 71-14, Meetings, and § 71-15, Minutes,
which immediately followed this subsection, were repealed 9-5-1986.
