[1]
Editor's Note: The original Planning Board was established
by the Township on August 12, 1963.
[1979 Code § 64-30; Ord. No. 8-82; Ord. No. 2017-02]
The Planning Board of nine members, established pursuant to
N.J.S.A. 40:55D, is hereby continued. The Planning Board shall consist
of four classes of members as follows:
a.
Class I: the Mayor or the Mayor's designee in the absence of the
Mayor.
b.
Class II: one of the officials of the Township, other than a member
of the Township Committee, to be appointed by the Mayor, provided
that 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 for purposes of this chapter
in the event that there are among the Class IV members of the Planning
Board a member of the Board of Education.
c.
Class III: a member of the Township Committee to be appointed by
it.
d.
Class IV: six 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 Board of Education.
The member of an 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 are among the Class IV members
a member of the Board of Education, in which case the member common
to the Planning Board and the Environmental Commission shall be deemed
a Class II member of the Planning Board.
e.
Alternate Members.
1.
There may also be not more than four alternate members appointed
to the Planning Board in the same manner as and who shall meet the
qualifications of Class IV members and who shall be appointed by the
Mayor.
2.
The alternate members shall be designated as "Alternate No. 1," "Alternate
No. 2," "Alternate 3" and "Alternate 4."
3.
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;
provided, however, that in no instance shall the term of the alternate
members first appointed exceed two years.
4.
A vacancy occurring otherwise than by expiration of term shall be
filled by appointment by the Mayor for the unexpired term only.
5.
No alternate member shall be permitted to act on any matter in which
he has, either directly or indirectly, any personal or financial interest.
6.
An alternate member may, after a public hearing, if he requests one,
be removed by the Township Committee for cause.
7.
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.
[1979 Code § 64-31; Ord. No. 2017-02]
a.
The term of the member composing Class I shall correspond with his
official tenure.
b.
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, except for a Class II member who
is also a member of the Environmental Commission. The term of a Class
II or a Class IV member who is also a member of the Environmental
Commission shall be for three years or terminate at the completion
of his term of office as a member of the Environmental Commission,
whichever occurs first.
c.
The term of a Class IV member who is also a member of the 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.
d.
The terms of all Class IV members first appointed pursuant to this
chapter shall be so determined by resolution of the Township Committee
that, to the greatest extent practicable, the expiration of such terms
shall be evenly distributed over the first four years after their
appointment, provided that the initial term of any such Class IV member
shall not exceed four years. Thereafter, the term of such Class IV
member shall be four years except as otherwise herein provided. All
terms shall run from January 1 of the year in which the appointment
was made.[1]
[1979 Code § 64-32; Ord. No. 2017-02]
If a vacancy in any class shall occur otherwise than by expiration
of term, it shall be filled by appointment for the unexpired term.
[1979 Code § 64-33; Ord. No. 2017-02]
The Planning Board shall elect a Chairman and a Vice Chairman
from the members of Class IV and select a Secretary, who may or may
not be a member of the Planning Board or a municipal employee.
[1979 Code § 64-34; Ord. No. 6-92; Ord. No. 2017-02]
There is hereby created the office of Planning Board Attorney.
The Planning Board may annually appoint and, subject to the appropriation
of funds, fix the compensation of the Planning Board Attorney, who
shall be an attorney other than the Township Attorney.
[1979 Code § 64-35; Ord. No. 2017-02]
The Planning Board may employ or contract for the services of
experts and other staff and services as it may deem necessary. The
Board shall not, however, exceed the amount appropriated by the Township
Committee for its use, exclusive of gifts or grants.
[1979 Code § 64-36; Ord. No. 10-97 §§ 10 — 14; Ord. No.
2015-06 § 1; Ord. No.
2017-02]
The Planning Board shall be governed by and shall have such
powers as are conferred upon it by N.J.S.A. 40:55D-1 et seq. More
specifically, the Planning Board shall have the authority to:
a.
Prepare, adopt and from time to time amend or revise a Master Plan.
b.
Exercise control over the review of subdivisions and site plans in
accordance with Article 6, P.L. 1975, c. 291.
c.
Exercise control over the granting of applications for conditional
uses.
d.
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 Board of Adjustment:
1.
Variances pursuant to N.J.S.A. 40:55D-70c.
2.
Direction pursuant to Section 35 of P.L. 1975, c. 291 for issuance
of a permit for a building or structure in the bed of a mapped street
or public drainageway, flood control basin or public area reserved
on an Official Map.
3.
Direction pursuant to Section 36 of P.L. 1975, c. 291 for issuance
of a permit for a building or structure not related to a street.
e.
Exercise such other duties as may be assigned to it by ordinance
or resolution of the Township Committee and perform such other functions
as may be authorized by P.L. 1975, c. 291 and other State statutes
and administrative regulations.
[1979 Code § 64-37; Ord. No. 2017-02]
a.
Prior to the adoption of a development regulation, revision or amendment
thereto, the Planning Board shall make and transmit to the Township
Committee, within 35 days after referral, a report, including recommendations
concerning the proposed development regulation, revision or amendment.
The Township Committee, when considering the adoption of a development
regulation, revision or amendment thereto, shall review the report
of the Planning Board and may disapprove or change any recommendation
by a vote of a majority of its full authorized membership and shall
record in its minutes the reasons for not following such recommendations.
Failure of the Planning Board to transmit its report within the thirty-five-day
period provided herein shall relieve the Township Committee from the
requirements of this subsection in regard to the proposed development
regulation, revision or amendment thereto referred to the Planning
Board.
b.
The Township Committee may, by ordinance, provide for the reference
of any matter or class of matters to the Planning Board before final
action thereon by a municipal body or municipal officer having final
authority thereon. Such reference shall not extend the time for action
by the referring body, whether or not the Planning Board has submitted
its report. Whenever the Planning Board shall have made a recommendation
regarding a matter authorized by this chapter to another municipal
body, such recommendation may be rejected only by a majority of the
full authorized membership of such other body.
[1979 Code § 64-38; Ord. No. 10-97 § 15; Ord. No. 2017-02]
Whenever an application for approval of a subdivision plat,
site plan or conditional use includes a request for relief pursuant
to N.J.S.A. 40:55D-70c, the Planning Board shall grant or deny approval
of the application within 120 days after submission by a developer
of a complete application to the administrative officer or within
such further time as may be consented to by the applicant. Failure
of the Planning Board to act within the period prescribed shall constitute
approval of the application, and a certificate of the administrative
officer as to the failure of the Planning Board to act shall be issued
on request of the applicant, and it shall be sufficient in lieu of
the written endorsement or other evidence of approval herein required
and shall be so accepted by the County Recording Officer for purposes
of filing subdivision plats.
[1979 Code § 64-39; Ord. No. 2017-02]
The Planning Board shall have the power to review and approve
or deny conditional uses or site plans simultaneously with review
for subdivision approval without the developer being required to make
further application to the Planning Board or the Planning Board being
required to hold further hearings. The longest time period for action
by the Planning Board, whether it is for subdivision, conditional
use or site plan approval, shall apply. Whenever approval of a conditional
use is requested by the developer pursuant to this section, notice
of the hearing on the plat shall include reference to the request
for such conditional use.
[1979 Code § 64-40; Ord. No. 2017-02]
When any hearing before a Planning Board shall carry over two
or more meetings, a member of the Board who was absent for one or
more of the meetings shall be eligible to vote on the matter upon
which the hearing was conducted, notwithstanding his absence from
one or more of the meetings; provided, however, that such Board member
has available to him a transcript or recording of the meeting from
which he was absent and certifies in writing to the Board that he
has read such transcript or listened to such recording.
[1979 Code § 64-55; Ord. No. 10-97 § 22; Ord. No. 2017-02]
Any variance hereafter granted by the Planning Board permitting
the erection or alteration of any structure or structures or permitting
a specified use of any premises shall expire by limitation, unless
such construction or alteration shall have been actually commenced
on each and every structure permitted by said variance or unless such
permitted use has actually been commenced, within one year from the
date of entry of the determination of the Planning Board; provided,
however, that the running of the period of limitation hereby established
shall be tolled from the date of the filing of an appeal from the
decision of the Planning Board to the Township Committee or to a court
of competent jurisdiction until the termination in any manner of such
appeal or proceeding.
[1979 Code § 64-42; Ord. No. 2017-02]
Whenever an Environmental Commission has prepared and submitted
to the Planning Board an index of the natural resources of the municipality,
the Planning Board shall make available to the Environmental Commission
an informational 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.[1]
[1979 Code § 64-43; Ord. No. 2017-02]
Whenever the Planning Board shall have adopted any portion of
the Master Plan, the Township Committee or other public agency having
jurisdiction over the subject matter, before taking action necessitating
the expenditure of any public funds incidental to the location, character
or extent of such project, shall refer the action involving such specific
project to the Planning Board for review and recommendation in conjunction
with such Master Plan and shall not act thereon without such recommendation
or until 45 days have elapsed after such reference without receiving
such recommendation. This requirement shall apply to action by a housing,
parking, highway, special district or other authority, redevelopment
agency, school board or other similar public agency, State, County
or municipal.
