[Ord. #2000-04, § 3]
A. 
The Planning Board shall have exclusive jurisdiction over subdivisions, site plans, conditional uses, the granting of variances in certain instances and such other items as set forth in § 41-3.
B. 
The Zoning Officer shall, within fifteen (15) days after receipt of a development application, make a determination as to whether the Board to which the application is made has jurisdiction.
C. 
Zoning permits. Zoning permits shall hereafter be secured from the Zoning Officer prior to construction, erection or alteration of any structure, or part of a structure, or use of a structure or land. All requests for zoning permits shall be made, in writing, by the owner, or his authorized agent, and shall include a statement of the use or intended use of the building, or structure, or land, and shall be accompanied by a site plan showing thereon the exact size, shape and location of all proposed structures and all existing structures and such other information as may be necessary to provide for the enforcement of this chapter, and the provisions of N.J.S.A. 40:55D-56, as may be required by the Zoning Officer.
[Ord. #2000-04, § 3]
The following development applications shall require notice of a public hearing by the Planning Board prior to making a decision:
A. 
Major subdivisions.
B. 
Any application involving a variance of any kind.
C. 
Any application for a conditional use.
D. 
Any application filed pursuant to §§ 41-8 and 41-12.
E. 
Any application for a planned residential development.
F. 
Any application for change of zone.
Unless the developer agrees to an extension, after submission of a complete application, a Board must grant or deny approval of a development application within the time periods established by the Municipal Land Use Law.
A. 
The rules, regulations and standards contained in this section shall be considered the minimum requirements for the protection of the public health, safety and welfare of the citizens of the Township. Any action taken by the municipal agency under the terms of this section shall give primary consideration to the above-mentioned matters and to the welfare of the entire community. However, if the developer or his agent can clearly demonstrate that, because of peculiar conditions pertaining to his land, the literal enforcement of one (1) or more of these regulations is impractical or will exact undue hardship, the municipal agency may permit such variations or modifications as may be reasonable and within the general purpose and intent of the rules, regulations and standards established by this chapter.
B. 
In the event that a developer submits an application for development proposing a development that is barred or prevented, directly or indirectly, by a legal action instituted by any state agency, political subdivision or any other party to protect the public health and welfare or by a directive or order issued by any state agency, political subdivision or court of competent jurisdiction to protect the public health and welfare, the approving authority shall process such application for development in accordance with this chapter, and if such application for development complies with the requirements of this chapter, the approving authority shall approve such application conditioned on removal of such legal barrier to development.
C. 
In the event that development proposed by an application for development requires an approval by a governmental agency other than the approving authority, the approving authority shall, in appropriate instances, condition its approval upon the subsequent approval of such governmental agency, provided that the approving authority shall make a decision on any application for development within the time period provided in this chapter or within an extension of such period as has been agreed to by the applicant, unless the approving authority is prevented or relieved from so acting by the operation of law.
[Ord. #2000-04, § 3]
A. 
The Mayor may appoint one (1) or more persons to assist the Planning Board as a Citizens Advisory Board pursuant to N.J.S.A. 40:55D-27.
B. 
Environmental Commission.
(1) 
Upon the filing of an index of natural resources by the Environmental Commission, the Planning Board shall make available copies of every development application pursuant to N.J.S.A. 40:55D-27.
(2) 
The Environmental Commission shall promulgate an environmental review checklist which shall be completed by parties submitting any plans and/or applications to the Planning Board for site plan approval, minor or major subdivision approval, or for approval of any new use or change in use which shall be referred to the Environmental Commission for review and recommendation. The Planning Board shall not take final action upon any application until the Environmental Commission has received the application for development at least twenty-eight (28) days prior to the hearing for development.
[Ord. #2000-04, § 3]
No member of the Planning Board shall act on any matter in which he has, either directly or indirectly, any personal or financial interest in accordance with N.J.S.A. 40:55D-69.
[Ord. #2000-04, § 3]
A. 
Regular 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 canceled for lack of applications for development to process or lack of a quorum. All regular and special meetings shall be open to the public.
B. 
Special meetings may be provided for at the call of the Chairman or on the request of any two (2) Board members, which special meeting shall be held on notice to its members and the public, in accordance with the provisions of the Open Public Meetings Act, P.L. 1975, c. 231.
C. 
No action shall be taken at any meeting without a quorum being present.
D. 
All actions shall be taken by a majority vote of the members of the municipal agency present at the meeting except as otherwise required by statute. Failure of a motion to receive the number of votes required to approve an application for development pursuant to the exceptional vote requirements of Section 25 of subsection 57d of the Act shall be deemed an action denying the application. Nothing herein shall be construed to contravene any act providing for procedures for the governing body.
E. 
All regular meetings and all special meeting shall be open to the public and notice given in accordance with the provisions of N.J.S.A. 40:55D-9.
F. 
Application for development in the Pinelands Area shall be bound by the meeting requirements specified in the Plumsted Township Pinelands Area Development Requirements.
G. 
Minutes of every regular or special meeting shall be kept in accordance with N.J.S.A. 40:55D-9. Said minutes shall be made available within ten (10) days following each meeting. The minutes shall be marked "unapproved" if not yet adopted.
[Ord. #2000-04]
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 N.J.S.A. 40:55D-10, et seq.
B. 
Oaths. The officer presiding at the hearings, 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 P.L. 1953, c. 1308 (N.J.S.A. 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, or directly, if not 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. The Board shall provide for the verbatim recording of the proceedings by either stenographer or mechanical or electronic means. The Board shall allow a transcript, or duplicate recording in lieu thereof, to be made, on request by any interested party.
F. 
Resolution of memorialization.
(1) 
Each decision on any application for development shall be reduced to writing as provided in this subsection and shall include findings of facts and conclusions based thereon.
(2) 
Failure of a motion to approve an application for development to receive the number of votes required for approval shall be deemed an action denying the application.
(3) 
The municipal agency shall provide such written decision, findings and conclusion in accordance with the time limits set forth in N.J.S.A. 40:55D-10g.
(4) 
The adoption of a resolution of memorialization pursuant to this subsection shall be governed by the provisions of N.J.S.A. 40:55D-10g.
(5) 
Whenever a resolution of memorialization is adopted in accordance with this subsection, the date of such adoption shall constitute the date of the decision for purposes of the mailings, filings and publications.
Whenever a hearing is required on any application for development pursuant to N.J.S.A. 40:55D-10, et seq., or pursuant to the determination of the municipal agency in question, the applicant shall give notice in accordance with the standards set forth in N.J.S.A. 40:55D-12.
A. 
All notices hereinabove specified in this section shall be given at least ten (10) days prior to the date fixed for hearing, and the developer shall file an affidavit of proof of service with the Board holding the hearing on the application for development.
B. 
Any notice made my certified mail as hereinabove required shall be deemed complete upon mailing in accordance with the provisions of N.J.S.A. 40:55D-14.
C. 
All notices required to be given pursuant to the terms of this chapter shall comply with the conditions set forth in N.J.S.A. 55D-11.
D. 
Application for development in the Pinelands Area shall be bound by the notice of hearing requirements specified in the Plumsted Township Pinelands Area development requirements.
E. 
Pursuant to the provisions of N.J.S.A. 40:55D-12c, the Tax Assessor shall, within seven (7) days after receipt of a request therefor and upon receipt of payment of a fee of ten dollars ($10.), make and certify a list from the current tax rolls of names and addresses of owners to whom the applicant is required to give notice, pursuant to this section.
[Ord. #2000-04, § 3]
A. 
Each decision on any application for development shall be set forth in writing and shall include findings of fact and conclusions based thereon.
B. 
A copy of the decision shall be made available in accordance with N.J.S.A. 40:55D-10h.
C. 
Notice of any grant of preliminary and/or final approval for any development application in the Pinelands Area shall be given by the applicant to the Commission as set forth in the Plumsted Township Pinelands Area development requirements.
D. 
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. A reasonable charge may be made to the applicant for such publication. The notice shall be sent to the official newspaper for publication within ten (10) days of the date of such decision.
[Ord. #2000-04, § 3]
A. 
Pursuant to the provisions of N.J.S.A. 40:55D-39 and N.J.S.A. 40:55D-65, every application for development submitted to the Planning Board shall be accompanied by proof that no taxes or assessments for local improvements are due or delinquent on the property which is the subject of such application, or, it is shown that taxes or assessments are delinquent on the property, any approvals or other relief granted by either Board shall be conditioned upon either the prompt payment of such taxes or assessments or the making of adequate provision for the payment thereof in such manner that the municipality will be adequately protected.
B. 
Pursuant to N.J.S.A. 40:55D-48.1 et seq., a corporation or partnership applying to the Planning Board for permission to subdivide a parcel of land or applying for a variance or for approval of a site plan shall list the names and addresses of all stockholders or individual partners owning at least ten percent (10%) of its stock of any class or at least ten percent (10%) of the interest in the partnership, as the case may be.
C. 
A corporation or partnership owning ten percent (10%) or more of the stock of a corporation or ten-percent-or-greater interest in a partnership, subject to disclosure pursuant to Subsection B, must disclose stockholder information in accordance with N.J.S.A. 40:55D-48.2.
A. 
Before approving a subdivision or site plan, the Planning Board may require that streets, public drainageways, flood control basins and public area designated for reservation on the Master Plan or Official Map must be shown on the plat in locations and sizes suitable to their intended uses, and may reserve judgment on those reservations for a period of one (1) year in accordance with N.J.S.A. 40:55D-44.
B. 
The developer shall be entitled to just compensation for actual loss found to be caused by such temporary reservation and deprivation of use pursuant to N.J.S.A. 40:55D-44.
C. 
Upon the submission to the approving authority of an application for development showing development proposed for an area reserved on the Official Map or Master Plan, the secretary of the approving authority shall notify the governing body in writing of such application and that the approving authority intends to grant approval for development in the reserved area unless the governing body notifies the approving authority, prior to the date for final approval, that it intends to reserve the area in question and will provide compensation to the developer for such reservation. The notice of intent to reserve shall be in the form of a resolution by the governing body. The governing body shall thereupon proceed either to reach an agreement with the developer as to the amount of compensation to be paid for such reservation or negotiate a purchase price for the reserved site. Upon the Township arriving at the amount to be paid the developer by way of compensation for reservation or purchase, the amount shall be deposited in escrow for the benefit of the developer.