There is hereby established pursuant to the provisions of N.J.S.A. 40:55D-1 et seq in the Township of East Brunswick, a Planning Board of nine (9) members.
[Amended 6-10-92 by Ord. No. 92-19]
A. 
Class I: the Mayor.
B. 
Class II: one (1) of the officials of the municipality, other than a member of the Township Council, to be appointed by the Mayor, provided that if there is an Environmental Commission, 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 deemed to be the Class II Planning Board member if there are 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 Township Council, to be appointed by the Township Council.
D. 
Class IV: six (6) Class IV members who shall be appointed by the Mayor. The members of Class IV shall hold no other municipal office, position or employment, except that one (1) member may be a member of the Zoning Board of Adjustment or historic preservation commission. No member of the board of education may be a Class IV member of the planning board, except that in the case of a nine-member board one Class IV member may be a member of the board of education. If there is a municipal environmental commission, the member of the environmental commission who is also a member of the planning board, is required by section 1 of P.L. 1968, c. 245 (C. 40:56A-1) shall be deemed to be a Class IV Planning Board member, unless there be among the Class IV or alternate 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 common to the planning board and 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 the holding of municipal office.
E. 
Alternate Members.
There shall be two (2) alternate members who shall be appointed by the Mayor, pursuant to N.J.S.A. 40:55D-23.1. The alternate members shall meet the qualifications of class IV members and shall be designated at the time of appointment as "Alternate No. 1" and "Alternate No. 2". The terms of the alternate members shall be for 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. No alternate member shall be permitted to act on any matter in which he has either directly or indirectly any personal or financial interest. Any alternate member may, after public hearing if he requests one, be removed by the governing body for cause. Alternate members may participate in discussions 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.
F. 
Lack of Quorum.
If the Planning Board lacks a quorum because any of its regular or alternate members is prohibited by subsection b of section 14 of P.L. 1975, c. 291 (C. 40:55D-23) or section 13 of P.L. 1979, c. 291 (C. 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.
A. 
The term of the Mayor shall correspond to his official tenure.
B. 
The terms of the members comprising the Class II and Class III members of the Planning Board shall be for one (1) year or shall terminate at the completion of their respective terms of office, whichever occurs first, except for a Class II member who is also a member of the Environmental Commission.
C. 
The term of a Class II or Class IV member who is also a member of the Environmental Commission shall be for three (3) years or shall terminate at the completion of his term of office as a member of the Environmental Commission, whichever occurs first.
D. 
The term of a Class IV member who is also a member of the Board of Adjustment or the Board of Education shall terminate whenever he is no longer a member of such body or at the completion of his Class IV term, whichever occurs first.
E. 
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 terms shall be distributed evenly over the first four (4) years after the appointment; provided, however, that no term of any member shall exceed four (4) years and provided further that nothing herein shall affect the terms of any citizen members 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 (4) years, except as otherwise hereinabove provided.
F. 
The terms of the alternate members shall be for two (2) years, except that the terms of the alternate members shall be such that the term of not more than one alternate shall expire in any one year; provided, however, that in no instance shall the terms of the alternate members first appointed exceed two (2) years A vacancy occurring otherwise than by expiration of term shall be filled by the appointing authority for the unexpired term only.
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 Township Council for cause.
A. 
The Planning Board shall elect a Chairman and a 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 municipal employee and create and fill such other offices as may be established by the rules and regulations of the Planning Board.
B. 
The Planning Board may employ or contract for and fix the compensation of legal counsel, other than the Municipal 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 Township Council for its use.
C. 
The Planning Board shall adopt such rules and regulations as may be necessary to carry into effect the powers granted to it by this chapter.
D. 
Minor Site Plan Committee
The minor site plan committee shall be appointed by the Chairperson of the Planning Board and shall consist of three (3) Class IV members of the Planning Board. The Director of the Department of Planning and Engineering or his/her designee shall serve on the Committee as its staff liaison and consultant, without vote. The Committee shall meet at such times as shall be required by the submission of development applications for its review.
The Committee shall recommend approval or disapproval to the Planning Board upon such terms and conditions as may be necessary or appropriate and shall issue a report of its recommendation to the Planning Board. Such report shall be considered at the next regularly scheduled action meeting of the Planning Board at which time the Planning Board shall vote to approve, to disapprove or to modify the report of the Minor Site Plan Committee. If approved by the Planning Board, the recommendations of the Minor Site Plan Committee shall constitute the decision of the Planning Board on each applications contained in the report, and no further site plan or subdivision approval shall be required or any application therein.
Any Planning Board member may require the Planning Board to consider separately from the report of the Committee any application contained in such report upon request made to the Chairperson of the Planning Board. Such application shall thereupon be considered by the Planning Board and voted upon separately.
The Planning Board shall follow the provisions of c. 291, P.L. 1975 (N.J.S.A. 40:55D-1 et seq.), and shall perform the following functions and duties:
A. 
Prepare and, after public hearing, adopt and from time to time amend a master plan or component parts thereof, to guide the use of lands within the township in a manner which protects public health and safety and promotes the general welfare and which is otherwise consistent with the purposes of this chapter, as set forth in Article I hereof, and with N.J.R.S. 40:55D-28.
B. 
Review and approve, modify or deny, with or without conditions, site plans, subdivisions and conditional uses and, in doing so, administer the provisions of this chapter in accordance with the provisions of the Municipal Land Use Law, c. 291, P.L. 1975 (N.J.S.A. 40:55D-1 et seq.).
C. 
Participate in the preparation and review of programs or plans required by state or federal law or regulations.
D. 
Assemble data on a continuing basis as part of a continuous planning process.
E. 
Prepare, annually, a program of municipal capital improvement projects projected over a term of six (6) years, and amendments thereto and recommend same to the Township Council.
F. 
Consider and report to the Township Council, within thirty five (35) days after referral to the Planning Board, as to any proposed development regulation or revision or amendment thereto and the Zoning Ordinance and any amendment or revision thereto submitted to it pursuant to the provisions of N.J.R.S. 40:55D-26a and consider and pass upon other matters specifically referred to the Planning Board by the Township Council pursuant to the provisions of N.J.R.S. 40:55D-26b.
G. 
When reviewing applications for approval of subdivision plats, site plans or conditional uses, grant, to the same extent and subject to the same restrictions as the Zoning Board of Adjustment:
1. 
Variances pursuant to N.J.S.A. 40:55D-70c from lot area, lot dimensional, setback and yard requirements.
2. 
Direction pursuant to Article IX of this chapter for the issuance of a permit for a building or structure not related to a street.
H. 
Perform such other advisory duties as are assigned to it by ordinance or resolution of the Township Council for the aid and assistance of the governing body or other agencies or township officials.
I. 
Hear and decide requests for interpretation of all township ordinances related to the powers, functions and duties generally performed by the Planning Board, other than the Zoning Ordinance.
At the request of an applicant, the Planning Board may informally review a concept plan for a development. The applicant and Planning Board shall not be bound by any concept plan for which review is requested.
Any municipal body, including the Township Council, or any township department director or division manager having final authority over the matters within his particular jurisdiction, before taking final action on any matter before him relating to land use and development, may refer such matter to the Planning Board for its recommendations, except for any matter under the jurisdiction of the Board of Adjustment. Such reference shall not extend the time for action by the referring body or official, if any is applicable, whether or not the Planning Board has submitted its report. Whenever the Planning Board shall make a recommendation under this subsection, such recommendation shall be followed by the municipal body or official unless, in the case of a municipal body, the recommendation is rejected or modified by a majority of the full authorized membership of such body.
The Mayor may appoint one (1) or more persons as citizens' advisory committees 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 has prepared and submitted to the Planning Board an index of the natural resources of the township (Natural Resources Inventory), the Planning Board shall make available to the Environmental Commission an information copy of every application for development submitted 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.
The Secretary of the Planning Board is designated as the official who shall prepare and issue certificates as to the approval of a subdivision of land, pursuant to N.J.S.A. 40:55D-56.
[Amended 12-11-95 by Ord. No. 95-43]
Notice by personal service or certified mail and regular mail shall be made by the East Brunswick Township Clerk to all property owners whose land is the subject of an ordinance to rezone, subject to the remaining provisions of this section. Notice will be given to all property owners within 200 feet of the property to be rezoned no later than ten (10) days prior to Township Council Public hearing. If any adjacent property owner is a member of a homeowners association, notice shall be given to the homeowners association and not to the individual owners of homes whose members belong to the homeowners association. If more than 50 properties are the subject of the proposed rezoning, the Township Clerk shall take a block advertisement in a newspaper advising of the rezoning and referring to the streets which are affected. All notice shall be given prior to the public hearing on the ordinance. Notice shall state the date, time and place of the hearing, the nature of the matter to be considered and an identification of the affected zoning districts and proposed boundary changes, if any, by street names, common names or other identifiable landmarks, and by reference to lot and block numbers as shown on the current tax duplicate in the municipal tax assessor's office. The municipal clerk shall execute affidavits of proof of service of the notices required by this section, and shall keep the affidavits on file along with the proof of publication of the notice of the required public hearing on the proposed zoning ordinance change. Costs of the notice provision shall be the responsibility of the proponent of the amendment.