The Planning Board shall have the powers listed below in addition
to other powers established by law:
A. Make, adopt and, from time to
time, amend a Master Plan for the physical development of the Township,
including any areas outside its boundaries which, in the Board's judgment,
bear an essential relationship to the planning of the Township.
B. Administer the subdivision and
site plan review provisions of this chapter in accordance with the
applicable provisions of this chapter.
C. Hear and decide applications
for conditional uses in accordance with the applicable provisions
of this chapter.
D. Participate in the preparation
and review of programs or plans required by state or federal law or
regulation.
E. Assemble data on a continuing
basis as part of a continuous planning process.
F. Annually, at the request of
the Township Committee, prepare a program of municipal capital improvements
projects projected over a term of six years and recommend the same
to the Township Committee.
G. Consider and report to the Township
Committee within 35 days after referral as to any proposed development
regulation submitted to it and also pass upon other matters specifically
referred to the Planning Board by the Township Committee.
H. Whenever the proposed development
requires approval of a subdivision, site plan or conditional use,
but not a variance pursuant to N.J.S.A. 40:55D-70(d):
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(1) To grant:
(a) Variances pursuant to N.J.S.A. 40:55D-70(c).
(b) 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.
(c) 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.
(2) Whenever relief is requested
pursuant to this subsection, 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.
(3) The developer may elect
to submit a separate application requesting approval of the variance
or direction of the issuance of a permit, and a subsequent application
for any required approval for a subdivision, site plan, or conditional
use. Any separate approval of the variance or direction of 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 of
the intent and purpose of the zone plan and the zoning provisions
of this chapter.
I. Pursuant to N.J.S.A. 40:55D-25c, to exercise, to
the same extent and subject to the same restrictions, all the powers
of a zoning board of adjustment (see N.J.S.A. 40:55D-70 et seq.);
but the Class I and the Class III members shall not participate in
the consideration of applications for development which involve relief
pursuant to subsection d. of section 57 of P.L. 1975, c. 291 (N.J.S.A.
40:55D-70).
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
[Ord. No. 2001-03, § II, 6-11-2001]
A. Any interested party, as defined in N.J.S.A. 40:55D-4, may appeal to the Township Committee any final decision of the Planning Board approving an application for a use variance pursuant to N.J.S.A. 40:55D-70d and §
500-707D. Notwithstanding the right of appeal to the Township Committee, any party has the right to obtain a review of the Planning Board decision by any court of competent jurisdiction according to law.
B. Any appeal to the Township Committee shall be made within 10 days of the date of publication of the final decision pursuant to §
500-708. The appeal to the Township Committee shall be made by serving the Township Clerk in person or by certified mail with a notice of appeal specifying the grounds thereof and the name and address of the appellant and the name and address of his or her attorney, if represented.
C. The appellant shall either:
(1) Within five days of serving
notice of the appeal, arrange for a transcript for use by the Township
Committee and pay a deposit of $50 or the estimated cost for the transcription,
whichever is less; provided that the charge by the Township to the
applicant for the transcript shall not exceed the maximum permitted
in N.J.S.A. 2B:7-4; or
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(2) Within 35 days of serving
notice of the appeal, submit a transcript to the Township Clerk for
use by the Township Committee. Should the appellant fail to arrange
for or to submit a transcript as provided above, the Township Committee
may dismiss the appeal for failure to prosecute. All transcripts shall
be certified in writing by the transcriber to be accurate.
D. Notice of the meeting to review the record below shall be given by the Township Committee by personal service or certified mail to the appellant, to those entitled to notice of a decision pursuant to §
500-708, and to the Planning Board at least 10 days prior to the date of the meeting. The appeal shall be decided by the Township Committee only upon the record established by the Planning Board. The parties may submit oral and written arguments on the record at the Township Committee meeting, and the Township Committee shall provide and pay for verbatim recording and transcripts of that meeting.
E. The Township Committee shall
conclude a review of the record below not later than 95 days from
the publication of the notice of the subject decision of the Planning
Board, unless the appellant consents in writing to an extension of
the time period. Failure of the Township Committee to hold a hearing
and conclude a review of the record below and to render a decision
within the specified period without the written consent of the appellant
shall constitute a decision affirming the action of the Planning Board.
F. The Township Committee may reverse,
remand or affirm, with or without conditions, the final decision of
the Planning Board being appealed. The affirmative vote of three members
of the Township Committee shall be necessary to reverse, remand, or
impose or remove conditions upon the final decision. In the event
that an affirmative vote of three members of the Township Committee
is not obtained, the final decision shall be deemed affirmed without
change.
G. An appeal to the Township Committee
shall stay all proceedings in furtherance of the action in respect
to which the decision appealed from was made unless the Planning Board
certifies to the Township Committee, after the notice of appeal has
been filed with the Board, that by reasons of facts stated in the
certificate a stay would, in its opinion, cause imminent peril to
life or property. In that case, proceedings shall not be stayed other
than by an order of the Superior Court on application, with notice
to the Planning Board and on good cause shown.
Notice of any decision of the Planning Board when acting upon
an application for development and of any decision of the Township
Committee when acting upon an appeal shall be given in the following
manner:
A. A copy of the decision shall
be mailed by the appropriate Township authority within 10 days of
the date of decision to the applicant or appellant, or, if represented,
then to his or her attorney, without separate charge. A copy of the
decision shall also be mailed within 10 days to any interested party
who has requested it and who has paid the fee prescribed by the Township
for the service.
B. The administrative officer shall
cause a brief notice of every decision of the Planning Board or Township
Committee, as the case may be, to be published in the official newspaper
of Bordentown Township, the cost of publication to be charged to the
applicant's escrow account. The notice shall be sent to the official
newspaper within 10 days of the date of the decision.
C. A copy of the decision shall
also be filed in the office of the administrative officer, who shall
make a copy of the filed decision available to any interested party
upon payment of a fee calculated in the same manner as those established
for copies of other public documents in the Township.