There is hereby established pursuant to c. 291, P.L. 1975,[1] in the Township of West Deptford, a Planning Board of
nine members consisting of the following four classes:
A.
Class I: the Mayor.
B.
Class II: one of the officials of the municipality, other than a
member of the governing body, to be appointed by the Mayor; provided
that if there is an Environmental Commission, 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 if there is 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 governing body, to be appointed by it.
D.
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. 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 a Class IV
Planning Board member unless there be among the Class IV members of
the Planning Board both a member of the Zoning Board of Adjustment
and a member of the Board of Education, in which case the member of
the Environmental Commission shall be deemed to be the Class II member
of the Planning Board.
E.
Alternate members. Alternate members to the Planning Board may be
appointed in Classes II, III and IV; provided, however, that the number
of such alternate members shall not exceed one in Class II, one in
Class III and two in Class IV. Appointments, if made, shall be made
by the same appointing authority as the one who makes the appointment
in each class for regular members of the Planning Board of that class.
[Added 10-19-1978 by Ord.
No. 78-14]
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
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.
C.
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 comes 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 other 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 evenly distributed over the
first four years after their appointment as determined by resolution
of the governing body; provided, however, 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 term
for which they were appointed. Thereafter all Class IV members shall
be appointed for terms of four years, except as otherwise herein provided.
All terms shall run from January 1 of the year in which the appointment
was made.
F.
Alternate members of Classes II and III, if appointed, 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, if appointed,
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. In
such case the alternate members of Class IV shall be designated "Alternate
No. 1" and "Alternate No. 2" by the Chairman of the Planning Board
and shall serve in rotation during the absence or disqualification
of any regular member or members of Class IV.
[Added 10-19-1978 by Ord.
No. 78-14]
If a vacancy of any class shall occur otherwise than by expiration
of term, it shall be filled by appointment as above provided for the
unexpired term.
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.
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,
who shall be an attorney other than the Municipal Attorney.
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.
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 of 1953 (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[1] of the municipality in accordance with the provisions
of said ordinances and the Municipal Land Use Law, P.L. 1975, c. 291,
N.J.S.A. 40:55D-1 et seq.
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.
To prepare a program of municipal capital improvement projects projected
over a term of six years, and amendments thereto, when authorized
by the Township Committee pursuant to the provisions of N.J.S.A. 40:55D-29.
G.
To consider and make report to the governing body within 35 days
after referral as to any proposed development regulation submitted
to it pursuant to the provisions of N.J.S.A. 40:55D-26(a), 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-26(b).
H.
When reviewing applications for approval of subdivision plats, site
plans or conditional uses, to grant variances (to the same extent
and subject to the same restrictions as the Zoning Board of Adjustment)
pursuant to Subsection 57c of P.L. 1975, c. 291.[3] Whenever relief is requested pursuant to this subsection,
notice of a hearing on the application for development shall include
reference to the request for a variance.
[Amended 12-2-1982 by Ord. No. 82-13]
[3]
Editor's Note: See N.J.S.A. 40:55D-70c.
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.
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 N.J.S.A. 46:26B-1 et seq., or a deed clearly describing the approved
minor subdivision, is filed by the developer with the county recording
officer, the Municipal Engineer and the Municipal Tax Assessor. Any
such plat or deed must be signed by the Chairman and Secretary of
the Planning Board before it will be accepted for filing by the county
recording officer.
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.
Otherwise, the Planning Board shall be deemed to have granted preliminary
approval for the subdivision.
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 § 102-7H of this chapter, 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. 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.
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.
Final approval of a major subdivision shall expire 95 days from the
date of signing of the plat unless within such period the plan shall
have been duly filed by the developer with the county recording officer.
The Planning Board may, for good cause shown, extend the period for
recording for an additional period not to exceed 190 days from the
date of signing of the plat.
Applications for development within the jurisdiction of the
Planning Board pursuant to the provisions of c. 291, P.L. 1975,[1] shall be filed with the Township Zoning Officer. Applicants shall file at least 14 days before the date of the monthly meeting of the Board three copies of a sketch plat, three copies of application for minor subdivision approval, three copies of application for major subdivision approval or three copies of an application for site plan review, conditional use approval or planned development, plus any additional copies of application, plats or plans which may be required by Chapter 143, Subdivision and Land Development, of the Code of West Deptford Township, or any regulations of the Gloucester County Planning Board. At the time of filing the application but in no event less than 10 days prior to the date set for hearing, the applicant shall also file all plot plans, maps or other papers required by virtue of any provision of this chapter or any rule of the Planning Board. The applicant shall obtain all necessary forms from the West Deptford Township Zoning Officer. The Township Zoning Officer shall inform the applicant of the steps to be taken to initiate applications and of the regular meeting dates of the Board.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
Whenever the 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 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.