[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.
