[Ord. No. 2015-20 § 10B-4]
The Planning Board heretofore created is continued and is hereby
established pursuant to N.J.S.A. 40:55D-1 et seq. It shall consist
of nine members in the following four classes:
(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 municipality other than a member
of the Princeton Council to be appointed by the Mayor, provided that
if there is 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 that
person 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 Princeton Council 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 or the Historic Preservation Commission and one member
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 or alternate members of the Planning Board
both a member of the Zoning Board of Adjustment or the Historic Preservation
Commission 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)
Alternates: In accordance with N.J.S.A. 40:55D-23.1, there are hereby
created two alternate memberships to the Princeton Planning Board.
Alternate members shall be appointed by the Mayor for Class IV members
and shall meet the qualifications for Class IV members of the nine-member
Planning Board. 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 appointing authority
for the unexpired term only.
(1)
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.
(f)
Other provisions.
(1)
All regular and alternate members except the Class II member
shall be residents of Princeton.
(2)
Except as otherwise permitted, Class IV members and alternate
members shall hold no other municipal office or employment. For purposes
of this section, membership on a municipal board or commission whose
function is advisory in nature and the establishment of which is discretionary
and not required by statute shall not be considered the holding of
municipal office.
(3)
Members of the Planning Board shall serve without compensation,
but may be reimbursed for expenses authorized in advance and incurred
in the performance of their duties.
(4)
No members or alternate members shall be permitted to act on
any matter in which they have, directly or indirectly, any personal
or financial interest.
(5)
Except for members exempted by statute from this requirement,
persons who serve as members or alternate members of the Planning
Board shall be required to complete an approved basic course in land
use law and planning within 18 months of their appointment in accordance
with the provisions of N.J.S.A. 40:55D-23.3(b) and (c).
[Ord. No. 2015-20 § 10B-5]
(a)
The term of the member composing Class I shall correspond with 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.
(b)
The terms of all Class IV members first appointed pursuant to this
chapter shall be determined so 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 Princeton Council; 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.
(c)
The term of any alternate member shall be two years. The terms of
alternate members shall be staggered.
(d)
Removal from office. Any member including an alternate member of
the Planning Board other than the Class I member may be removed by
the Princeton Council for cause after a public hearing, if the member
requests one.
(e)
Vacancies. If a vacancy in any class of the Planning Board occurs
other than by expiration of the term, it shall be filled by appointment,
as provided herein, for the unexpired term.
[Ord. No. 2015-20 § 10B-6]
The Planning Board shall elect a chair and vice chair from the
members of Class IV, select a secretary who may or may not be a member
or alternate member of the Planning Board or a municipal employee,
and create and fill such other offices as are established by ordinance.
An alternate member may not serve as chair or vice chair of the Planning
Board.
[Ord. No. 2015-20 § 10B-7]
If the Planning Board lacks a quorum because any of its regular or alternate members is prohibited by subsection b of section 14 of P.L. 1975, c.291 (C.40:55D-23) or section 13 of P.L.1979, c.216 (C.40:55D-23.1) from acting on a matter due to the member's personal or financial interests therein, regular members of the Zoning Board of Adjustment shall be called upon to serve, for that matter only, as temporary members of the Planning Board in order of seniority of continuous service to the Zoning Board of Adjustment until there are the minimum number of members necessary to constitute a quorum to act upon the matter without any personal or financial interest therein, whether direct or indirect. If a choice has to be made between regular members of equal seniority, the chair of the Zoning Board of Adjustment shall make the choice.
[Ord. No. 2015-20 § 10B-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 of 1953 (N.J.S.A. 2A:67A et seq.) shall apply. The Board shall
also have the following powers and duties:
(a)
Master Plan. To prepare and adopt and from time to time amend a master
plan for the physical development of the municipality in accordance
with the provisions of N.J.S.A. 40:55D-1 et seq. The Board may make
such additional surveys and studies as may be necessary or desirable
to carry out its duties.
(b)
Administration of chapter. To administer the provisions of this chapter,
including review of subdivisions, site plans, conditional uses and
waivers and of variances, directed issuance of permits, and preservation
plans coming within its jurisdiction.
(c)
Development regulations. To consider and make reports to the Princeton
Council within 35 days after referral as to any proposed development
regulation or amendment thereto 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 Princeton Council pursuant to
the provisions of N.J.S.A. 40:55D-26(b) and any other matters as the
Board deems appropriate.
(d)
Capital improvement program. If authorized by Princeton Council,
prepare a program of municipal capital improvement projects as set
forth in N.J.S.A. 40:55D-29.
(e)
Long range facility plan. To review and issue findings pursuant to
N.J.S.A. 40:55D-31b concerning any long-range facilities plan submitted
to the Board as required by the "Educational Facilities Construction
and Financing Act," P.L.2000, c. 72 (C.18A:7G-1 et al.)
(f)
Public expenditure review. To review and make recommendations in
conjunction with the Master Plan of any action undertaken by Princeton
Council or any other public agency having jurisdiction over the subject
matter necessitating the expenditure of any public funds incidental
to the location, character or extent of such project within 45 days
of referral of such action for review. This referral requirement shall
apply to Princeton Council and to action by a housing, parking, highway,
special district, or other authority, redevelopment agency, board
of education or other similar public agency, State, county or municipal
and to any public entity taking any action to permit the location,
erection, use or maintenance of an outdoor advertising sign required
to be permitted pursuant to P.L. 1991, c. 413 (C.27:5-5 et seq).
(g)
Outside agency reviews. To participate in the preparation and review
of programs or plans required by state or federal law or regulations.
(h)
Continued planning. To assemble data on a continuing basis as part
of a continuous planning process.
(i)
Advisory duties. To perform such other advisory duties as are assigned
to it by ordinance or resolution of the Princeton Council for the
aid and assistance of the Princeton Council or other agencies or officers.
(j)
Other referrals. The Princeton Council 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, except for any matter under the jurisdiction
of the Zoning Board of Adjustment.
(k)
Adoption of bylaws. The Planning Board is authorized to adopt bylaws
and other rules governing its procedural operation.
[Ord. No. 2015-20 § 10B-9]
(a)
The Planning Board shall receive, review and act upon applications
for approval of subdivision plats, site plans and conditional uses,
except where such authority is conferred upon the Zoning Board of
Adjustment in conjunction with the Zoning Board of Adjustment's review
of applications for approval of variances pursuant to N.J.S.A. 40:55D-70d.
(b)
The Planning Board, in lieu of the Zoning Board of Adjustment and
to the same extent and subject to the same restrictions as such Board,
shall receive, review, and act upon applications or appeals for variances
pursuant to N.J.S.A. 40:55D-70c and applications for special permits,
but only in conjunction with the Planning Board's review of applications
for approval of subdivision plats, site plans or conditional uses.
(c)
At the request of the developer, the Planning Board shall grant an
informal review of a concept plan for a development for which the
developer intends to prepare and submit an application for development.
Editor's Note: Ord. No. 2022-01 repealed prior § T10B-10, Site Plan Review Advisory Board. History includes Ord. No. 2015-20.
