[Amended 8-23-2022 by Ord. No. 5739]
The Planning Board heretofore created is continued and is hereby
established consisting of nine members and two alternates of 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 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
or alternates.
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 shall 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.
[Amended 8-23-2022 by Ord. No. 5739]
A. The term of the Mayor shall correspond with his 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.
B. 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.
C. The terms of all Class IV members shall be for four years, 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 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.
[Amended 8-23-2022 by Ord. No. 5739]
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.
[Amended 8-23-2022 by Ord. No. 5739]
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 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 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 Board of Adjustment shall make the choice.
[Amended 8-23-2022 by Ord. No. 5739]
The Planning Board shall elect a Chairman and Vice Chairman
from the members of Class IV. The Board shall also employ such other
staff as it deems necessary, within the restriction of the budget
appropriated by the Township Committee.
[Amended 8-23-2022 by Ord. No. 5739]
The governing body shall make provisions in its budget and appropriate
funds for the expenses of the Planning Board.
[Amended 8-23-2022 by Ord. No. 5739]
The office of Planning Board Attorney is hereby created. The
Planning Board may annually appoint to such office and fix the salary
and/or rate of compensation of such attorney. The term of office of
said attorney shall be for one year from January 1 of each year.
[Amended 8-23-2022 by Ord. No. 5739]
Two alternate members shall be appointed to the Planning Board
in accordance with N.J.S.A. 40:55D-23.1 (Section 13 of P.L. 1979,
c. 216).
[Amended 8-23-2022 by Ord. No. 5739]
The Planning Board shall be governed by and shall have such
powers as are conferred upon it by P.L. 1975, c. 291, Section 16 (N.J.S.A.
40:55D-25). The Planning Board shall:
A. Prepare, adopt and from time to time amend or revise a Master Plan.
B. Exercise control over the review of subdivisions and site plans in
accordance with Part 4.
C. When reviewing applications for approval of subdivision plats, site
plans or conditional uses, grant, to the same extent and subject to
the same restrictions as the Board of Adjustment:
(1)
Variances, pursuant to § 170-26C of this chapter.
(2)
Direction, pursuant to § 170-26F(1) of this chapter,
for issuance of a permit for a building or structure in the bed of
a mapped street or public drainageway, flood-control basin or public
area.
(3)
Direction, pursuant to § 170-26F(2) of this chapter,
for issuance of a permit for a building or structure on a lot not
abutting a street.
D. Exercise such other duties as may be assigned to it by ordinance
or resolution of the governing body and perform such other functions
as may be authorized by P.L. 1975, c. 291, and other state statutes
and administrative regulations.
[Amended 8-23-2022 by Ord. No. 5739; 5-23-2023 by Ord. No. 5767]
A. Prior to the adoption of a development regulation, revision, or amendment
thereto, the Planning Board shall make and transmit to the governing
body, within 35 days after referral, a report including identification
of any provisions in the proposed development regulation, revision
or amendment which are inconsistent with the Master Plan and recommendations
concerning these inconsistencies and any other matters as the Board
deems appropriate. The governing body, when considering the adoption
of a development regulation, revision or amendment thereto, shall
review the report of the Planning Board and may disapprove or change
any recommendation by a vote of a majority of its full authorized
membership and shall record in its minutes the reasons for not following
such recommendation. Failure of the Planning Board to transmit its
report within the thirty-five-day period provided herein shall relieve
the governing body from the requirements of this subsection in regard
to the proposed development regulation, revision or amendment thereto
referred to the Planning Board. Nothing in this section shall be construed
as diminishing the application of the provisions of Section 23 of
P.L. 1975, c. 291 (N.J.S.A. 40:55D-32) to any Official Map or an amendment
or revision thereto or of Subsection a of Section 49 of P.L. 1975,
c. 291 (N.J.S.A. 40:55D-62) to any zoning ordinance or any amendment
or revision thereto.
B. The governing body 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 of any matter under the jurisdiction of
the Board of Adjustment. Whenever the Planning Board shall have made
a recommendation regarding a matter authorized by law to another municipal
body, such recommendation may be rejected only by a majority of the
full authorized membership of such other body.
C. Any request made to the Township Committee involving the removal of a Township-imposed deed restriction, or the grant, removal or modification of the use of any easement, shall be referred to the Planning Board for a report and recommendation in accordance with Subsection
A above before action on the request is taken by the Township Committee. The Planning Board shall conduct a public hearing with notice given pursuant to §
170-506A. Any request made to the Township Committee involving the change of any condition or restriction of approval incorporated in any resolution of the Planning Board (or Board of Adjustment), or any alteration of a buffer area incorporated in any approved application for development, shall be referred to the Board of origin, which shall conduct a public hearing for amendment of said resolution or approved application for development, with notice given pursuant to §
170-506A.
[Amended 8-23-2022 by Ord. No. 5739]
Whenever an application for approval of a subdivision plat, site plan or conditional use includes a request for relief pursuant to §
170-309D of this chapter, the Planning Board shall grant or deny approval of the application within 95 days after submission by a developer of a complete application to the Secretary of the Planning Board 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, and it shall be sufficient in lieu of the written endorsement or other evidence of approval herein required and shall be so accepted by the County Recording Officer for purposes of filing subdivision plats.
[Amended 8-23-2022 by Ord. No. 5739]
The Planning Board shall have the power to review and approve
or deny conditional uses, variances or site plans simultaneously with
review for subdivision approval without the developer's being required
to make further application to the Planning Board or the Planning
Board's being required to hold further hearings. The longest time
for action by the Planning Board, whether it be for subdivision, conditional
use or site plan approval, shall apply. Whenever approval of a conditional
use is requested by the developer pursuant to this subsection, notice
of the hearing of the plat shall include reference to the request
for such conditional use, variance or site plan.
[Amended 8-23-2022 by Ord. No. 5739]
After the appointment of a Planning Board, the Mayor may appoint
one or more persons as a Citizens Advisory Committee to assist or
collaborate with the Planning Board in its duties, but such person
or persons shall have no power to vote or take other action required
of the Board. Such person or persons shall serve at the pleasure of
the Mayor. They shall show exceptional expertise in Planning Board
issues; have served on a land use board, commission or agency for
at least two years; have a demonstrable record of public service;
and possess a relevant and/or appropriate educational background.
[Amended 8-23-2022 by Ord. No. 5739]
Whenever an 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 submitted
to the Planning Board. Failure of Planning Board to make such informational
copy available to the Environmental Commission shall not invalidate
any hearing or proceeding. These same provisions shall apply to the
Board of Adjustment when acting on an application for development.
[Amended 8-23-2022 by Ord. No. 5739]
Whenever the Planning Board shall adopt any portion of the Master
Plan, the governing body or other public agency having jurisdiction
over the subject matter, before taking action necessitating the expenditure
of any public funds, incidental to the location, character or extent
of such project, shall refer the action involving such specific project
to the Planning Board for review and recommendation in conjunction
with such Master Plan and shall not act thereon without such recommendation
or until 45 days have elapsed after such reference without receiving
such recommendation. This requirement shall apply to action by a housing,
parking, highway, special district or other similar public agency,
state, county or municipality.