There is hereby established pursuant to P.L. 1975, c. 291, in the Borough of Swedesboro a Planning Board of seven members consisting of the following four classes:
A. 
Class I: the Mayor of the Borough of Swedesboro or the Mayor's designee in the absence of the Mayor.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
Class II: one of the officials of the Borough of Swedesboro, other than a member of the governing body, to be appointed by the Mayor.
C. 
Class III: a member of the governing body to be appointed by it.
D. 
Class IV: other citizens of the municipality to be appointed by the Mayor. The members of Class IV shall hold no other municipal office, position or employment. One Class IV member may be a member of the Board of Education. The member of the Environmental Commission[2] 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. 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 the holding of municipal office.
[Amended 12-20-2004[3]]
[2]
Editor's Note: As to members of the Environmental Commission generally, see Ch. 7, Art. III, Environmental Commission.
[3]
Editor's Note: This ordinance also repealed original Subsection E, regarding alternate Planning Board members, which subsection was added 5-6-1985 and immediately followed this subsection.
A. 
The term of the member composing Class I shall correspond with the Mayor’s 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. The term of the 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.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
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 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 hereinabove provided. All terms shall run from January 1 of the year in which the appointment is made.
C. 
Appointment of alternate members.
[Added 12-20-2004]
(1) 
Alternate members shall be appointed by the Mayor and shall meet the qualifications of Class IV members. 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." The terms of the alternate members shall be two years, except that the terms of the alternate members shall be such that the terms 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 a term shall be filled by the Mayor for the unexpired term only.
(2) 
No alternate member is permitted to act on any matter in which he or she has either directly or indirectly any personal or financial interest. An alternate member may, after public hearing if he or she requests one, be removed by the governing body for cause.
(3) 
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 vote.
If a vacancy of 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 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 for 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.
[Amended 12-20-2004]
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. The Board's zoning powers shall be in accordance with N.J.S.A. 40:55D-69 et seq., and amendments and supplements thereto, and with the provisions of this chapter. 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 Borough of Swedesboro, including any areas outside its boundaries, which, in the Board's judgment, bear essential relation to the planning of the Borough of Swedesboro, in accordance with the provisions of N.J.S.A. 40:55D-28.
B. 
To administer the provisions of Chapter 290, Subdivision of Land, and Chapter 268, Site Plan Review, of the Code of the Borough of Swedesboro 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 Chapter 340, 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 continuous basis as part of a continuous planning process.
F. 
If requested to do so by the governing body, to annually prepare a program of municipal capital improvement projects projected over a term of six years, and amendments thereto, and recommend same to the governing body.
G. 
To consider and make report 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. 
Variance or direction for issuance of a permit.
(1) 
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 powers of the Board shall be in accordance with N.J.S.A. 40:55D-69 et seq. (Article 9 of P.L. 1975, c. 291), and amendments and supplements thereto, and with the provisions of this chapter.
K. 
It is further the intent of this chapter to confer upon the Board as full and complete powers as may lawfully be conferred upon any Zoning Board of Adjustment, including, but not by way of limitation, the authority in connection with any case, action or proceeding before the Board to interpret and construe the provisions of Chapter 340, Zoning, or any term, clause, sentence or word thereof, and the Zoning Map, in accordance with the general rules of construction applicable to legislative enactments.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
L. 
The Board shall have such powers as are granted by law to hear and decide appeals where it is alleged by the appellant that there is an error in any order, requirement, decision or refusal made by an administrative official or agency based on or made in the enforcement of Chapter 340, Zoning.
M. 
Hear and decide requests for interpretation of the Zoning Map or Chapter 340, Zoning, or for decisions upon other special questions upon which such Board is authorized by the Chapter 340, Zoning, to pass.
N. 
Where, by reason of exceptional narrowness, shallowness or shape of a specific piece of property, or by reason of exceptional topographic conditions or physical features uniquely affecting a specific piece of property, or by reason of an extraordinary and exceptional situation uniquely affecting a specific piece of property for the structures lawfully existing thereon, the strict application of a regulation in Chapter 340, Zoning, or in the Land Use Law, Chapter 219 of the Laws of 1875,[2] would result in peculiar and exceptional practical difficulties to, or exceptional and undue hardship upon, the developer of such property; grant, upon an application or appeal relating to such property, a variance from such strict application of such regulation so as to relieve such difficulties or hardship; likewise, wherein an application or appeal relating to a specific piece of property, the purpose of the Land Use Act, Chapter 291 of the Laws of 1975, would be advanced by a deviation from Chapter 340, Zoning, requirements and the benefits of the deviation would substantially outweigh any detriment, grant a variance to allow departure from regulations pursuant to Article VIII of the Municipal Land Use Act; provided, however, that no variance from those departures enumerated in Subsection 9(P) of this section shall be granted under this subsection; and provided further that the proposed development does not require approval by the Planning Board of a subdivision, site plan or conditional use in conjunction with which the Planning Board has power to review a request for a variance pursuant to Section 47a of the Municipal Land Use Law, Chapter 291 of the Laws of 1975.
[2]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
A. 
Minor subdivisions. 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 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 must be signed by the Chairman and Secretary of the Planning Board before it will be accepted for filing by the county recording officer.
B. 
Preliminary approval for 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. Otherwise, the Planning Board shall be deemed to have granted preliminary approval for the subdivision.
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 Article II, § 200-12H 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. 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.
D. 
Final approval.
(1) 
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.
(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. 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.
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 14 days before the date of the monthly meeting of the Board, three copies of a sketch plat, three copies of applications for minor subdivision approval, three copies of an application for major subdivision approval or three copies of an 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 chapter 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.
[Added 12-20-2004]
A. 
Appeals to the Board may be taken by any interested party. Each appeal shall be taken within the 20 days prescribed by the statute of filing a notice of appeal with the officer from whom the appeal was taken, together with three copies of said notice with the Secretary of the Board. Said notice of appeal shall specify the grounds for said appeal. The officer from whom the appeal is taken shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from was taken.
B. 
Applications addressed to the original jurisdiction of the Board without prior application to an administrative officer shall be filed with the Secretary of the Board. Three copies of the application shall be filed. At the time of filing the appeal or application, but in no event less than 10 days prior to the date set for the hearing, the applicant shall also file all plot plans, maps or other papers required by virtue of any provision of this chapter or any rule of the Board. The applicant shall obtain all necessary forms from the Secretary of the Board. The Secretary of the Board shall inform the applicant of the steps to be taken to initiate a proceeding and of the regular meeting dates of the Board.
C. 
An appeal stays all proceedings in furtherance of the action in respect to which the decision appealed from was made, unless the officer from whom the appeal is taken certifies to the Board, after the notice of appeal shall have been filed with him, that by reason of facts stated in the certificate a stay would in his opinion cause imminent peril to life or property. In such cases, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board or by the Superior Court of New Jersey on application or notice to the officer from whom the appeal is taken and on due cause shown.
[Added 12-20-2004]
In exercising the above-mentioned power, the Board may, in conformity with the provisions of P.L. 1975, c. 291,[1] or amendments thereto or subsequent statutes applying, reverse or affirm wholly or partly or may modify the order, requirement, decision or determination as ought to be made, and to that end have all the powers of the administrative officer from whom the appeal was taken.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
[Added 12-20-2004]
Any variance from the terms of this chapter hereafter granted by the Board permitting the erection or alteration of any structure or structures or permitting a specified use of any premises shall expire by limitation, unless such construction or alteration shall have been actually commenced on each and every structure permitted by said variance, or unless such permitted use has actually been commenced, within one year from the date of publication of the notice of the judgment or determination of the Board; except, however, that the running of the period of limitation herein provided shall be tolled from the date of filing an appeal from the decision of the Board to the governing body or to a court of competent jurisdiction, until the termination of any manner of such appeal or proceeding.
[Added 12-20-2004]
A. 
The Board shall, in addition to the powers specified in § 200-12 of this chapter, have power given by law to:
(1) 
Direct issuance of a permit pursuant to N.J.S.A. 40:55D-34 for a building or structure in the bed of a mapped street or public drainageway, flood control basin or public area reserved on the Official Map.
(2) 
Direct issuance of a permit pursuant to N.J.S.A. 40:55D-36 for a building or structure not related to a street.
B. 
The Board shall have the power to grant subdivision or site plan approval pursuant to Article 6 of P.L. 1975, c. 291, or conditional use approval pursuant to N.J.S.A. 40:55D-67, whenever the Board is reviewing an application for approval of the use variance pursuant to § 200-12N of this chapter.
[Added 12-20-2004]
A. 
The Board shall render its decision not later than 120 days after the date an appeal is taken from the decision of an administrative officer or not later than 120 days after the date of submission of a complete application for development to the Board pursuant to the provisions of N.J.S.A. 40:55D-70b.
B. 
Failure of the Board to render a decision within such one-hundred-twenty-day period or within such further time as may be consented to by the applicant shall constitute a decision favorable to the applicant.
[Added 12-20-2004]
The Board shall, at least once a year, review its decisions on applications and appeals for variances and prepare and adopt, by resolution, a report on its findings on Chapter 340, Zoning, provisions which were the subject of variance requests and its recommendations for Chapter 340, Zoning, amendments or revisions, if any. The Board shall send copies of the report and resolution to the Borough of Swedesboro Council.
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 action required of the Board. Such person or persons shall serve at the pleasure of the Mayor.
Whenever the Environmental Commission[1] 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.[2]
[1]
Editor's Note: See Ch. 7, Art. III, Environmental Commission.
[2]
Editor's Note: Original Art. III, Zoning Board of Adjustment, as amended, was repealed 12-20-2004.