[G.O. No. 1173, Art. 5, § 1]
Whenever a term is used in this division which is defined in the New Jersey Statutes Annotated, Section 40:55D, such term is intended to have the meaning set forth in the definition of such term found in such statute, unless a contrary intention is clearly expressed from the context of this division.
[G.O. No. 1173, Art. 1, § 1; G.O. No. 1234, § 1]
There is hereby established pursuant to New Jersey Statutes Annotated, Section 40:55D-1 et seq., in the Town, a Planning Board of nine members, consisting of the following four classes:
Class I. The Mayor.
Class II. An official of the municipality other than a member of the governing body, to be appointed by the Mayor;
Class III. A member of the governing body, to be appointed by the Council;
Class IV. Six 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.
In addition there shall be appointed one alternate member in Class II, one alternate member in Class III, and two alternate members in Class IV. Alternate members of each class shall be appointed by the appointing authority for that class.
An alternate member of any class shall be entitled to sit with and participate as a member in any hearing before the board. The alternate member of any class who has attended the full hearing or hearings may participate in the board's decision during the absence or disqualification of any regular member of the same class. The two alternate members of Class IV shall be designated by the chairman as "Alternate No. 1" and "Alternate No. 2" and shall participate in the board's decision in rotation during the absence or disqualification of any regular member or members of Class IV.
[G.O. No. 1173, Art. 1, § 2; G.O. No. 1234, § 2]
The term of the member composing Class I shall correspond with his 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 a Class IV member who is also a member of the Board of Adjustment or a 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 pursuant to this division 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; provided, 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.
Alternate members of classes II and III shall be appointed for terms to expire at the same time as the terms of regular members of their respective classes. Alternate members of Class IV shall serve for terms of two years; provided, however, that in the event that two alternate members of Class IV are appointed, the initial terms of such members shall be one and two years respectively.
[G.O. No. 1173, Art. 1, § 3]
If a vacancy in any class shall occur otherwise than by expiration of term, it shall be filled by appointment as above provided for the unexpired term.
[G.O. No. 1173, Art. 1, § 4]
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.
[G.O. No. 1173, Art. 1, § 5]
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. Such attorney shall be an attorney other than the Town Attorney, but shall not exceed in so doing, the compensation fixed by the governing body for the position of Town Attorney.
[G.O. No. 1173, Art. 1, § 6]
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.
[G.O. No. 1173, Art. 1, § 7]
The Planning Board is authorized to adopt by-laws 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 Town, which in the board's judgment bears essential relation to the planning of the Town, in accordance with the provisions of New Jersey Statutes Annotated, Section 40:55D-28.
(b) 
To administer the provisions of Chapter 25 of this Code in accordance with the provisions of such chapter and New Jersey Statutes Annotated, Section 40:55D-1 et seq., and to hear appeals for, and grant conditional uses pursuant to, New Jersey Statutes Annotated, Section 40:55D-67.
(c) 
To participate in the preparation and review of progress 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 consider and make report to the governing body within 35 days after referral as to any proposed development, regulation or official map ordinance submitted to it pursuant to the provisions of New Jersey Statutes Annotated, Section 40:55D-26(a), and also report or recommend upon other matters specifically referred to the Planning Board by the Town Council or other municipal agency pursuant to the provisions of New Jersey Statutes Annotated, Section 40:55D-26(b), as the Town Council may by ordinance provide.
(f) 
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 New Jersey Statutes Annotated, Section 40:55D-70(c) 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.
(2) 
Direction pursuant to New Jersey Statutes Annotated, Section 40:55D-34 for issuance of permit for building or structure in the bed of a mapped street or public drainage way, flood control basin or public area reserved pursuant to New Jersey Statutes Annotated, Section 40:55D-32.
(3) 
Direction pursuant to New Jersey Statutes Annotated, Section 40:55D-36 of such 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 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.
(g) 
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.
[G.O. No. 1173, Art. 1, § 8]
(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 a county recording officer, the municipal engineer and the municipal tax Assessor.
(b) 
Preliminary approval, 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.
(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 Section 2-19.1, Subsection (g) of this Code, 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.
(d) 
Final approval. 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.
(e) 
Failure to act. Failure of the Planning Board to act within the times specified for its actions as hereinabove set forth shall constitute grant or approval of the requested application or relief, and where appropriate, a certificate of the administrative officer as to the failure of the Planning Board to act and the effect thereof shall be issued on request of the applicant.
[G.O. No. 1173, Art. 1, § 9]
Applications for development within the jurisdiction of the Planning Board, pursuant to the provisions of Chapter 291, Public Laws, 1975, shall be filed with the secretary of the Planning Board at least 21 days before the date set for hearing at the monthly meeting of the board, and shall include six copies of a sketch plat; six copies of applications for minor subdivision approval, for major subdivision approval, for site plan review, conditional use approval or planned development. At the time of filing the application, the applicant shall also file all other plot plans, maps or other papers required by virtue of any provision of this division 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.
[G.O. No. 1173, Art. 1. § 10]
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 persons shall have no power to vote or take other action required of the board. Such persons shall serve at the pleasure of the Mayor.
[G.O. No. 1173, Art. 3, § 1]
No member of the Planning Board shall 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.
[G.O. No. 1173, Art. 1. § 11; Art. 3, § 2]
(a) 
The board shall adopt such rules and regulations as may be necessary to carry into effect the provisions and purposes of this division. In the issuance of subpoenas, administration of oaths and taking of testimony, the provisions of the County and Municipal Investigations Law of 1953 (New Jersey Statutes Annotated, Section 2A:67A-1 et seq.) shall apply.
(b) 
The Planning Board shall adopt, and may from time to time amend, reasonable rules and regulations not inconsistent with New Jersey Statutes Annotated, Section 40:55D and other ordinances, for the administration of its functions, powers and duties. Copies of such rules and regulations and amendments thereto shall be maintained in the office of the Town Clerk, and shall be furnished upon request to any person, for which furnishing, a reasonable fee may be charged. The board shall fix the time and place for holding regular meetings for business authorized to be conducted by such board.
[G.O. No. 1173, Art. 3, § 3]
(a) 
Meetings of the Planning Board shall be scheduled no less often than once a month, and any meeting so scheduled shall be held as scheduled unless cancelled for lack of applications for development to process.
(b) 
Special meetings may be provided for at the call of the chairman or on the request of any two board members, which shall be held on notice to its members and the public in accordance with all applicable legal requirements.
(c) 
No action shall be taken at any meeting without a quorum being present.
(d) 
All actions shall be taken by majority vote of a quorum except as otherwise required by any provision of New Jersey Annotated, Section 40:55D.
(e) 
All regular meetings and all special meetings shall be open to the public. Notice of all such meetings shall be given in accordance with the requirements of the Open Public Meetings Law, Chapter 231, Laws of New Jersey, 1975. An executive session for the purpose of discussing and studying any matters to come before the board shall not be deemed a regular or special meeting.
[G.O. No. 1173, Art. 3, § 4]
Minutes of every regular or special meeting shall be kept and shall include the names of the persons appearing and addressing the board and of the persons appearing by attorney; the action taken by the board; the findings, if any, made by it and the reasons therefor. The minutes shall thereafter be made available for public inspection during normal business hours at the office of the Town Clerk. Any interested party shall have the right to compel production of the minutes for use as evidence in any legal proceeding concerning the subject matter of such minutes. Such interested party may be charged a fee for reproduction of the minutes for his use as provided for in the rules of the board.
[G.O. No. 1173, Art. 3, § 5]
Fees for applications or for the rendering of any service by the Planning Board or any member of its administrative staff which is not otherwise provided by ordinance may be provided for and adopted as part of the rules of the board; and copies of such rules or of the separate fee schedule shall be available to the public.
[G.O. No. 1173, Art. 3, § 6]
(a) 
Rules. The Planning Board shall make rules governing the conduct of hearings before such bodies which rules shall not be inconsistent with the provisions of New Jersey Statutes Annotated, Section 40:55D-1 et seq. or of this division.
(b) 
Oaths. The officer presiding at the hearing, or such person as he may designate, shall have power to administer oaths and issue subpoenas to compel the attendance of witnesses and the production of relevant evidence, including witnesses and documents presented by the parties, and the provisions of the "County and Municipal Investigations Law" Public Laws 1953, Chapter 1938 (New Jersey Statutes Annotated, Section 2A:67A-1 et seq.) shall apply.
(c) 
Testimony. The testimony of all witnesses relating to an application for development shall be taken under oath or affirmation by the presiding officer; and the right of cross examination shall be permitted to all interested parties through their attorneys, if represented, subject to the discretion of the presiding officer and to reasonable limitations as to time and number of witnesses.
(d) 
Evidence. Technical rules of evidence shall not be applicable to the hearing, but the board may exclude irrelevant, immaterial or unduly repetitious evidence.
(e) 
Records. Each board shall provide for the verbatim recording of the proceedings by either stenographer, mechanical or electronic means. The board shall furnish a transcript or duplicate recording in lieu thereof on request to any interested party at his expense.
[G.O. No. 1173, Art. 3, §§ 7,8]
Whenever a hearing is required on an application for development pursuant to New Jersey Statutes Annotated; Section 40:55D-1 et seq. the applicant shall give notice thereof as follows:
(a) 
Public notice shall be given by publication in the official newspaper of the municipality at least 10 days prior to the date of the hearing.
(b) 
Notice shall be given to the owners of all real property, as shown on the current tax duplicates, located within 200 feet in all directions of the property which is the subject of such hearing and whether located within or without the municipality in which the applicant's land is located. Such notice shall be given by: (1) serving a copy thereof on the owner as shown on the current tax duplicate or his agent in charge of the property, or (2) mailing a copy thereof by certified mail to the property owner at his address as shown on the current tax duplicate. A return receipt is not required. Notice to a partnership owner may be made by service upon its president, a vice president, secretary or other person authorized by appointment or by law to accept service on behalf of the corporation.
(c) 
Notice of all hearings on applications for development involving property located within 200 feet of an adjoining municipality shall be given by personal service or certified mail to the Clerk of such municipality, which notice shall be in addition to the notice required to be given pursuant to Section 2-19.10, Subsection (b) of this Article to the owners of lands in such adjoining municipality which are located within 200 feet of the subject premises.
(d) 
Notice shall be given by personal service or certified mail to the county Planning Board of a hearing on an application for development of property adjacent to an existing county road or proposed road shown on the official county map or on the county master plan, adjoining other county land or situated within 200 feet of a municipal boundary.
(e) 
Notice shall be given, by personal service or certified mail, to the commissioner of transportation of a hearing on an application for development of property adjacent to a state highway.
(f) 
Notice shall be given, by personal service or certified mail, to the director of the division of state and regional planning in the department of community affairs of a hearing on an application for development of property which exceeds 150 acres or 500 dwelling units. Such notice shall include a copy of any maps or documents required to be on file with the Town Clerk pursuant to Section 6b of Chapter 291 Laws of New Jersey, 1975.
(g) 
All notices hereinabove specified in this section shall be given at least 10 days prior to the date fixed for hearing and the applicant shall file an affidavit of proof of service with the board holding the hearing on the application for development.
(h) 
Any notice made by certified mail as hereinabove required shall be deemed to be complete upon mailing in accordance with the provisions of New Jersey Statutes Annotated, Section 40:55D-14.
(i) 
All notices required to be given pursuant to the terms of this division shall state the date, time and place of the hearing; the nature of the matters to be considered and identification of the property proposed for development by street address, if any, or by reference to lot and block numbers as shown on the current tax duplicate in the municipal tax assessor's office; and the location and times at which any maps and documents for which approval is sought are available as required by law.
(j) 
Pursuant to the provisions of New Jersey Statutes Annotated, Section 40:55D-12 c, the tax assessor of the Town shall, within seven days after receipt of a request therefor and upon receipt of payment of a fee of $5, make and certify a list from the current tax duplicate of names and addresses of owners to whom the applicant is required to give notice pursuant to this section.
[G.O. No. 1173, Art. 3, § 9]
(a) 
Each decision on any application for development shall be set forth in writing as a resolution of the board, and shall include findings of fact and legal conclusions based thereon.
(b) 
A copy of the decision shall be mailed by the board within 10 days of the date of decision to the applicant, or if represented, to his attorney, without separate charge. A copy of the decision shall also be mailed to all persons who have requested it and who have paid the fee prescribed by the board for such service. A copy of the decision shall also be filed in the office of the Town Clerk, who shall make a copy of such filed decision available to any interested party upon payment of a fee calculated in the same manner as those established for copies of other public documents in the municipality.
[G.O. No. 1173, Art. 3, § 10]
A brief notice of every final decision shall be published in the official newspaper of the municipality. Such publication shall be arranged by the secretary of the Planning Board without separate charge to the applicant. Such notice shall be sent to the official newspaper for publication within 10 days of the date of any such decision.
[G.O. No. 1173, Art. 5, § 4]
All applications for development filed prior to the effective date of this division[1] may be continued, but any appeals arising out of decisions made on any such application shall be governed by the provisions of Article IV of General Ordinance No. 1173, which may be found on file in the office of the Town Clerk.
[1]
Editor's Note: The effective date of General Ordinance No. 1173, from which this section is derived, is 8-1-1976.