[1988 Code § 105-1; Ord. No. 491-04 § 1; Ord. No. 562-09; Ord. No. 16-2017 § 1]
There is hereby established pursuant to N.J.S.A. 40:55D-23 et
seq., a Planning Board of nine (9) members. All members of the Planning
Board, shall be municipal residents. The membership shall consist
of the following classes:
a. Class I: The Mayor or the Mayor's designee in the absence of the
Mayor.
b. Class II: A member of the Environmental Commission.
c. Class III: A member of the Governing Body to be appointed by it.
d. Class IV: Six (6) other citizens of the municipality to be appointed
by the Mayor. The members of Class IV shall hold no other municipal
office, position or employment, except that in the case of a nine-member
board, one (1) such members may be a member of the Board of Education.
[1988 Code § 105-2; Ord. No. 491-04 § 3; Ord. No. 562-09]
a. The term of the member composing Class I shall correspond with Mayor's
official tenure, or if the member is the Mayor's designee in the absence
of the Mayor, the designee shall serve at the pleasure of the Mayor
during the Mayor's official tenure. The term of the member composing
Class II shall be for three (3) years or terminate at the completion
of their term on the Environmental Commission, whichever occurs first.
The term of the Class III member shall be for one (1) year to terminate
at the completion of their term of office, whichever occurs first.
The term of the Class IV members is four (4) years or in the case
of a member who is also a member of either the Board of Adjustment
or Board of Education, shall terminate when they are no longer a member
of such other Board or at the completion of their term whichever shall
occur first.
b. The terms of all Class IV members first appointed under this ordinance
(Ordinance No. 562-09 adopted March 12, 2009) 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 their
appointment; provided that the initial Class IV term of no member
shall exceed four (4) years. Thereafter the Class IV term shall be
four (4) years.
[1988 Code § 105-4; Ord. No. 562-09]
If a vacancy in any class shall occur otherwise than by expiration
of the Planning Board term, it shall be filled by appointment as provided
above, for the unexpired term.
[1988 Code § 105-3; Ord. No. 562-09; Ord. No. 16-2017 § 2]
Pursuant to 40:55D-23.1, four (4) alternate members, who shall
be municipal residents, shall be appointed by the appointing authority
of Class IV members and shall meet the qualifications of Class IV
members of nine-member Planning Boards. Alternate members shall be
designated at the time of appointment by the Mayor as Alternate No.
1, Alternate No. 2, Alternate No. 3 and Alternate No. 4. 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 two (2) alternate members shall expire in any one (1) year.
A vacancy occurring otherwise than by expiration of term shall be
filled by the appointing authority for the unexpired term only. Alternate
members may participate in all matters, but may not vote except in
the absence or disqualification of a regular member of any class.
Participation of alternate members shall not be deemed to increase
the size of the Planning Board established by ordinance of the Governing
Body pursuant to N.J.S.A. 40:55D-23 et seq.
[1988 Code § 105-5]
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.
[1988 Code § 105-6]
There is hereby created the office of Planning Board Attorney.
The Planning Board may annually appoint and fix the compensation of
or agree upon the rate of compensation of the Planning Board Attorney,
who shall be an attorney other than the Municipal Attorney.
[1988 Code § 105-7]
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.
[1988 Code § 105-8]
The Board shall adopt such rules and regulations as may be necessary
to carry into effect the provisions and purposes of this chapter.
In the issuance of subpoenas, administration of oaths and taking of
testimony, the provisions of the County, and Municipal Investigations
Law, N.J.S.A. 2A:67A-1 et seq. shall apply. 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 municipality, including any areas outside
its boundaries which, in the Board's judgment, bear essential relation
to the planning of the municipality, in accordance with the provisions
of N.J.S.A. 40:55D-28.
b. To administer the provisions of the Land Subdivision Ordinance and
Site Plan Review Ordinance of the municipality in accordance with
the provisions of said ordinances and the Municipal Land Use Law,
N.J.S.A. 40:55D-1 et seq.
c. To approve conditional use applications in accordance with the provisions of the Zoning Ordinance (Chapter
150) pursuant to N.J.S.A. 40:55D-67.
d. To participate in the preparation and review of programs or plans
required by State or Federal law or regulations.
e. To assemble data on a continuing basis as part of a continuous planning
process.
f. (Reserved)
[Repealed 8-13-2020 by Ord. No. 07-2020]
g. To consider and make report to the Governing Body within thirty-five
(35) days after referral as to any proposed development regulation
submitted to it pursuant to the provisions of N.J.S.A. 40:55D-26a
and also pass upon other matters specifically referred to the Planning
Board by the Governing Body, pursuant to the provisions of N.J.S.A.
40:55D-26b.
h. Whenever the proposed development requires approval pursuant to N.J.S.A. 40:55D-1 et seq. of a subdivision, site plan or conditional use, but not a variance pursuant to subsection
d of N.J.S.A. 40:55D-70, the Planning Board shall have the power to 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 N.J.S.A. 40:55D-34 for issuance of a permit
for a building or structure in the bed of a mapped street or public
drainage way, flood control basin or public area reserved pursuant
to N.J.S.A. 40:55D-32; and
3. Direction pursuant to N.J.S.A. 40:55D-36 for issuance of a permit
for a building or structure not related to a street.
Whenever relief is requested pursuant to this paragraph h, notice
of the 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.
The developer may elect to submit a separate application requesting
approval of the variance or direction for the issuance of a permit
and a subsequent application for any required approval of a subdivision,
site plan or conditional use. The separate approval of the variance
or direction for the issuance of a permit shall be conditioned upon
grant of all required subsequent approvals by the Planning Board.
No such subsequent approval shall be granted unless the approval can
be granted without substantial detriment to the public good and without
substantial impairment or the intent and purpose of the zone plan
and zoning ordinance. (N.J.S.A. 40:55D-60)
4. 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-60, the Planning Board shall grant or deny approval
of the application within one hundred twenty (120) days after submission
by a developer of a completed application to the administrative officer
or within such further time as may be consented to by the applicant.
In the event that the developer elects to submit separate consecutive
applications, the aforesaid provision shall apply to the application
for approval of the variance or direction for issuance of a permit.
The period for granting or denying and subsequent approval shall be
as otherwise provided in this act. 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.
Whenever review or approval of the application by the County
Planning Board is required by N.J.S.A. 40:27-6.3, in the case of a
subdivision, or N.J.S.A. 40:27-6.6, in the case of a site plan, the
Planning Board shall condition any approval that it grants upon timely
receipt of a favorable report on the application by the County Planning
Board or approval by the County Planning Board by its failure to report
thereon within the required time period. (N.J.S.A. 40:55D-61)
i. 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.
[1988 Code § 105-11]
The Mayor may appoint one (1) or more persons as a Citizens'
Advisory Committee 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.