Pursuant to the provisions of N.J.S.A. 40:55D-23 and the amendments
thereof and supplements thereto, a Planning Board is hereby created.
[Amended 8-25-2015 by Ord. No. 2015-09]
A.
The Planning Board shall consist
of nine members designated into the four following classes:
(1)
Class I: the Mayor or the Mayor's
designee.
(2)
Class II: an official of the
Township as defined in N.J.S.A. 40:55D-23.
(3)
Class III: a member of the
Township Council to be appointed by the Council.
(4)
Class IV: six citizens of the
Township to be appointed by the Township Council who shall hold no
other municipal office, position, or employment except as provided
for in N.J.S.A. 40:55D-23.
B.
There shall be two alternate members
of the Planning Board appointed by the Township Council and meeting
the qualifications for Class IV members.
C.
If a vacancy of any class shall
occur other than by expiration of the term, it shall be filled by
appointment as provided above for the unexpired term.
D.
If the Planning Board lacks a quorum
because any of its regular or alternate members is prohibited by N.J.S.A.
40:55D-23 or 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.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
A.
All members of the Planning Board
shall serve without compensation.
B.
Terms of the members shall be as
follows:
(1)
Class I: one-year term expiring
on December 31 of the year appointed or upon completion of the term
of office of Mayor, and until a successor is appointed and qualifies.
(2)
Class II: one-year term expiring
on December 31 of the year appointed or upon the completion of the
official's term of office, whichever comes first.
(3)
Class III: one-year term expiring
on December 31 of the year appointed or upon completion of the term
of office on the Council, and until a successor is appointed and qualifies.
(4)
Class IV.
(a)
For the Class IV member
who is a member of the Environmental Commission, a three-year term
expiring on December 31 of the third year of the term or upon completion
of his term of office on the Environmental Commission, whichever occurs
first.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(b)
If there is a Class IV member
who is a member of the Zoning Board of Adjustment or the Board of
Education, a four-year term which shall expire on December 31 of the
fourth year of the term or upon completion of his term of office on
the Zoning Board of Adjustment or Board of Education, whichever occurs
first.
(c)
For all other Class IV members,
a four-year term, which shall expire on December 31 of the fourth
year of the term for which they were appointed.
C.
Nothing in this chapter shall,
however, be construed to 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 are appointed.
D.
All Planning Board members shall
be 18 years of age or older.
A.
The Planning Board is authorized
to adopt bylaws governing its procedural operation, which shall not
be inconsistent with N.J.S.A. 40:55D-1 et seq. or the provisions of
this chapter.
B.
It shall elect a Chair and Vice
Chair from the members of Class IV and select a Secretary who need
not be a member of the Planning Board.
The Planning Board shall perform all of the duties and functions
of:
A.
Preparation and, after appropriate
deliberation and public hearings, adoption of a Master Plan for the
development of the Township. Such plan, in all respects, shall comply
with and take into consideration the matters mentioned in N.J.S.A.
40:55D-28. With a frequency of at least once in every 10 years, the
Planning Board shall review, revise as necessary and adopt a Master
Plan for the Township.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
C.
Site plan approval as required by Chapter 360, Zoning, except where the Township Zoning Board of Adjustment shall have jurisdiction over a site plan or subdivision pursuant to N.J.S.A. 40:55D-76 by reason of a use variance being involved in the application.
D.
Granting conditional uses as permitted by Chapter 360, Zoning, except where the Township Zoning Board of Adjustment shall have jurisdiction over a conditional use pursuant to N.J.S.A. 40:55D-76 by reason of a use variance being involved in the application.
E.
Following the review and adoption
of the Master Plan, and not less than one year from the date of such
adoption, the Planning Board shall review and recommend to the Township
Council any amendments to the Official Map which are needed in order
to bring the Official Map into conformance with the Master Plan.
F.
The Planning Board, when reviewing
an application for approval of a subdivision plat, site plan or conditional
use, shall have the power to grant, grant conditionally or deny:
(1)
Variances pursuant to N.J.S.A.
40:55D-70c.
(2)
Applications seeking the issuance
of a construction permit for a building or structure in the bed of
a mapped street, public drainageway, flood control basin or public
area as established on the Township Official Map pursuant to N.J.S.A.
40:55D-32.
(3)
Applications for the issuance
of a construction permit for a building or structure not on an improved
and accepted street.
G.
Prior to a hearing on adoption
of a zoning ordinance, any development ordinance or any amendments
or revisions thereto, the Township Council shall refer any such proposed
ordinance or amendment thereto to the Planning Board. The Planning
Board shall make and transmit to the Council, within 35 days of referral,
a report, including recommendations concerning the proposed ordinance
or amendment for, among other matters, conformance with the adopted
Master Plan, and any report to the Council shall include findings
on the manner in which said ordinance or amendment thereto conforms
or does not conform to the adopted Master Plan. The governing body
shall review the report of the Planning Board and may disapprove or
change any recommendations by a vote of the majority of its full authorized
membership. Failure of the Planning Board to act within 35 days shall
relieve the Council from the requirements of this subsection.
H.
The Township Council may authorize
the Planning Board to prepare or review a program of municipal capital
improvements projects over a term of at least six years, and amendments
thereto.
(1)
The capital improvements program
shall classify projects with regard to the urgency and need for realization
and shall recommend a time sequence for their implementation. Any
such program shall include an estimate of the displacement of persons
and establishments caused by each recommended project and shall otherwise
conform to the requirements of N.J.S.A. 40:55D-29.
(2)
Whenever the Planning Board
is authorized and directed to prepare a capital improvements program,
every municipal department, authority or agency shall, upon request
of the Planning Board, transmit to said Board a statement of all capital
projects proposed to be undertaken by such municipal department, authority
or agency during the term of the program for study, advice and recommendation
by the Planning Board. When the Planning Board has prepared a capital
improvement program, it shall recommend said program to the Township
Council which may adopt such program with any modification as may
be approved by affirmative vote of the full authorized membership
of the Council.
(3)
Before taking action necessitating
the expenditure of any public funds incidental to the location, character
or extent of a capital project within the Township, the Township Council
or other public agency having jurisdiction over the project, including
the School Board, county, state, or special district or authority,
shall refer such action to the Planning Board for review and recommendation
on the proposed project and its conformance with the adopted Master
Plan. The Planning Board shall have 45 days upon which to act in making
a recommendation on the project.
I.
The Planning Board may assemble
data on a continuing basis as part of a continuous planning process.
J.
The Planning Board shall perform
such other advisory duties as are delegated to it by ordinance or
resolution of the Township Council for the aid and assistance of the
Council or other agencies or officers.
