[Ord. #437; Ord. #572-80]
There shall be a planning board to be known as "The Hopewell
Township Planning Board."
[Ord. #437; Ord. #550-80; Ord. #572-80; amended 1-25-2021 by Ord. No. 21-1740]
There shall be nine members, consisting of the four following
classes:
Class I. Mayor, or the Mayor's designee in the absence of the
Mayor.
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 shall be deemed to be the Class II planning
board member for purposes of this section in the event that 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.
Class III. A member of the township committee to be appointed
by it.
Class IV. Six other citizens of the township to be appointed
by the mayor.
The members of Class IV shall hold no other municipal office,
except that one such member may be a member of the zoning board of
adjustment and one Class IV member may be a member of the board of
education. The member of the environmental commission who is also
a member of the planning board 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 common to the
planning board and the environmental commission shall be deemed a
Class II member of the planning board.
Class IV-a. Two other citizens of the township shall be appointed
by the mayor as alternate members and shall meet the qualifications
of Class IV members. Alternate members shall be designated at the
time of appointment by the mayor 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; provided, however, that in no instance shall the terms of
the alternate members first appointed exceed two years. A vacancy
occurring otherwise than by expiration of term shall be filled by
the mayor for the unexpired term only.
No alternate member shall be permitted to act on any matter
in which he has either directly or indirectly any personal or financial
interest. An 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.
[Ord. #437; Ord. #572-80; amended 1-25-2021 by Ord. No. 21-1740]
The term of the member composing Class I shall correspond to
the 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 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 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.
The term of a Class IV member who is also a member of the zoning
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. The initial term of Class
IV members first appointed after August 1, 1976, shall be so determined
that to the greatest practicable extent the expiration of terms of
the Class IV members shall be distributed evenly over the first four
years after their appointment provided that the initial Class IV term
of no member shall exceed four years. Thereafter, new members or members
reappointed shall each be appointed for a term of four years. Notwithstanding
the foregoing, each person who was a member of the planning board
on August 1, 1976, shall continue in office until the completion of
his term as provided by law immediately prior to that date.
[Ord. #437; Ord. #572-80; Ord. #662-84, § 1]
The planning board shall, as provided in applicable ordinances
and State law, exercise its power in regard to:
a.
The master plan;
b.
Subdivision control and site plan review;
c.
The official map;
d.
The zoning ordinance including conditional uses;
e.
The capital improvements program;
f.
Variances and certain building permits in conjunction with subdivision
site plan and conditional use approval;
g.
Participation in the preparation and review of programs or plans
required by State or Federal law or regulation, as it deems advisable;
h.
Assembling of data on a continuing basis as part of a continuous
planning process;
i.
Performing such other advisory duties as are assigned to it by ordinance
or resolution of the township committee for the aid and assistance
of the township committee or other agencies or officers;
j.
Reporting to the township committee on any proposed development regulations
which are referred to it.
k.
Reviewing any matters which are referred to it pursuant to ordinance
adopted by the township committee which provide by the reference to
the planning board of any matter or class of matters before final
action thereon by a municipal body or municipal officer having final
authority thereon except for any matter under the jurisdiction of
the board of adjustment. Whenever the planning board shall have made
a recommendation regarding a matter authorized by this act to another
municipal body, such recommendation may be rejected only by a majority
of the full authorized membership of such other body.
l.
At the request of the developer, the planning board shall grant one
informal review of a concept plan for a development for which the
developer intends to prepare and submit an application for development.
The developer shall not be required to submit any fees for such an
informal review. The developer shall not be bound by any concept plan
for which review is requested and the planning board shall not be
bound by any such review.
[Ord. #437; Ord. #572-80]
The planning board shall annually elect a chairman and a vice-chairman
from the members of Class IV and select a secretary and an assistant
secretary who may or may not be a member of the planning board or
a municipal employee. The planning board may employ or contract for
and fix the compensation of legal counsel, other than the township
attorney, and experts and a staff, and pay for their services and
for such other expenses as may be necessary and proper, not exceeding,
in all, exclusive of gifts, the amount appropriated by the township
committee for its use.
[Ord. #437; Ord. #572-80]
The chairman of the planning board may appoint a subdivision
and site plan committee consisting of at least three members of the
planning board. This committee shall have the power to approve minor
subdivisions by unanimous vote of those voting. It shall generally
review and report to the board on major subdivisions and site plans.
[Ord. #437; Ord. #572-80]
The planning board shall adopt, and may amend, reasonable rules
and regulations, not inconsistent with any applicable ordinance or
other legal requirement, for the administration of its functions,
powers and duties. It shall furnish a copy thereof to any person upon
request and may charge a reasonable fee for such copy. Copies of all
such rules and regulations and amendments thereto shall be maintained
in the office of the township administrator.
[Ord. #437; Ord. #572-80; Ord. #662-84, § 1]
a.
Regular Meetings. The planning board shall meet regularly at least
once a month, at the time and place specified in its rules. Meetings
shall be held as scheduled unless cancelled because there are no applications
for development to process.
b.
Special Meetings. A special meeting may be called by the chairman
or on the request of any two members of the board at any time provided
at least 48 hours' notice thereon is given to the members of the board
and to the public as required by law.
c.
No action shall be taken at any meeting without a quorum being present. A quorum shall be the majority of the full authorized membership of the board. All actions shall be taken by a majority vote of a quorum except as otherwise specified by law. Failure of a motion to receive the number of votes required to approve an application for development pursuant to the exceptional vote requirements of sections 17-5 or 17-53d shall be deemed an action denying the application. All meetings shall be open to the public, except when a meeting is closed as provided by law.
d.
Minutes of every regular or special meeting shall be kept and shall
include the names of the persons appearing and addressing the board
and of the persons appearing by attorney, the action taken by the
board, the findings, if any, made by it and reasons therefor. The
minutes shall thereafter be made available for public inspection during
normal business hours at the office of the township administrator.
Any interested party shall have the right to compel production of
the minutes for use as evidence in any legal proceedings concerning
the subject matter of such minutes. Such interested party may be charged
a reasonable fee for reproduction of the minutes for his use.
[Ord. #437; Ord. #572-80]
No member of the planning board shall be permitted to act on
any matter in which he has, either directly or indirectly, any personal
or financial interest.
[Ord. #616-82]
Every application or appeal submitted to the planning board
shall be accompanied by proof that no taxes are due or delinquent
on the property which is the subject of such application in order
that formal action can be taken with regard to the application or
appeal.
[Ord. #674-85, § 1]
The chairman may appoint an application review committee which
shall be advisory in nature and comprised of two members of the planning
board and two alternates who shall serve in their absence, planning
board attorney and engineer, a representative of the township health
department, the administrative officer, and a member of the board
of adjustment, when said board refers an application to the committee
for review. The purpose of the committee shall be to review all applications
for development including but not limited to minor and major subdivisions
and site plans to determine the completeness of each application and
to perform such other duties which may be conferred on this committee
by the board.
