There is hereby established, pursuant to P.L. 1975, c. 291, in the Township of Verona a Planning Board of nine members
consisting of the following four classes:
A. Class I: the Mayor or Mayor's designee.
B. Class II: one of the officials of the municipality, other than a
member of the governing body, to be appointed by the Township Manager,
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.
C. Class III: a member of the governing body to be appointed by it.
D. Class IV:
(1) Six other citizens of the municipality to be appointed by the Council.
The members of Class IV shall hold no other municipal office, position
or employment, except that one member may be a member of the Zoning
Board of Adjustment or Historic Preservation Commission and one may
be a member of the Board of Education. If an Environmental Commission
is established by the Council, then a 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 a Class IV Planning Board member unless
there be among the Class IV members of the Planning Board both a member
of the Zoning Board of Adjustment or Historic Preservation Commission
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. 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.
(2) In addition to the aforesaid members of Class IV, there shall be
two alternate members in Class IV. They shall be designated by the
Township Council as "Alternate No. 1" and "Alternate No. 2," and they
shall serve in rotation during the absence or disqualification of
any regular member or members of Class IV. Alternate members shall
be appointed by the same appointing authority as regular members of
that class and shall meet all of the same qualifications.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
E. 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 Chair
of the Board of Adjustment shall make the choice.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
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 annually 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. The Planning Board shall organize and elect officers at the
first meeting following July 1 of each year.
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.
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 Township, including any areas outside
its boundaries which, in the Board's judgment, bear essential relation
to the planning of the Township, in accordance with the provisions
of N.J.S.A. 40:55D-28.
B. To administer the provisions of Chapter
466, Subdivision of Land, and Chapter
430, Site Plan Review, of the Township in accordance with the provisions of said ordinances and the Municipal Land Use Law of 1975, N.J.S.A. 40:55D-1 et seq.
C. To participate in the preparation and review of programs or plans
required by state or federal law or regulations.
D. To assemble data on a continuing basis as part of a continuous planning
process.
E. To annually prepare a program of municipal capital improvement projects
projected over a term of six years, and amendments thereto, and to
recommend the same to the governing body.
F. 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 Township Council, pursuant to the provisions of N.J.S.A. 40:55D-26b.
G. Application review.
(1) When reviewing applications for approval of subdivision plats, site
plans or conditional uses, to grant to the same extent and subject
to same restrictions as the Zoning Board of Adjustment:
(a)
Variances pursuant to Subsection 57c of Chapter 291 of the Laws
of New Jersey 1975 from lot area, lot dimensional setback and yard requirements,
provided that such relief from lot area requirements shall not be
granted for more than one lot.
(b)
Direction pursuant to Section 25 of said act for issuance of 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.
(c)
Direction pursuant to Section 27 of said act for issuance of a permit for a building or structure not
related to a street.
(2) 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.
H. 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.
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 provision
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.
[Amended 8-3-1992 by Ord.
No. 9-92]
Whenever the Environmental Commission, established under Chapter
18, Article
II, Environmental Commission, hereof, has prepared and submitted to the Planning Board and the Board of Adjustment an index of the natural resources of the municipality, the Planning Board or the Board of Adjustment shall make available to the Environmental Commission an informational copy of every application for development submitted to either Board. Failure of the Planning Board or Board of Adjustment to make such informational copy available to the Environmental Commission shall not invalidate any hearing or proceeding.
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.