Township of West Amwell, NJ Article VIII Planning Board

§ 109-31 Establishment; composition.

[Amended by Ord. No. 92-02]

A. A Planning Board is hereby established pursuant to N.J.S.A. 40:55D-2 et seq. and amendments thereto in the Township of West Amwell, consisting of nine members and comprised of the following four classes:

(1) Class I: the Mayor. The Class I members shall not be permitted to participate in the consideration of applications for development which involve relief pursuant to N.J.S.A. 40:55D-70d.

[Amended 12-27-2023 by Ord. No. 13-2023]

(2) Class II: one of the officials of the municipality other than a member of the governing body, to be appointed by the Mayor.

(3) Class III: a member of the governing body, to be appointed by it. The Class III members shall not be permitted to participate in the consideration of applications for development which involve relief pursuant to N.J.S.A. 40:55D-70d.

[Amended 12-27-2023 by Ord. No. 13-2023]

(4) Class IV: a member of the Environmental Commission and five citizens of the community to be appointed by the Mayor.

B. The members of Class IV may hold no other municipal office, except as provided in N.J.S.A. 40:55D-23.

C. The Mayor may appoint to the Planning Board two alternate members who 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."

§ 109-32 Terms of office; powers of alternate members.

A. Terms.

(1) The term of the member composing Class I shall correspond with his official tenure.

(2) The term of the member composing Class II shall be for one year or terminate at the completion of his or her respective term of office, whichever occurs first.

(3) 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.

(4) The terms of Class IV members first appointed pursuant to this chapter shall be so determined that to the greatest practicable extent the expiration of such term shall be distributed evenly over the first four years after their appointment as determined by resolution of the governing body; 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 terms for which they were appointed. Thereafter, all Class IV members shall be appointed for terms of four years, except as otherwise hereinabove provided.

(5) All terms shall run from January 1 of the year in which the appointment is made.

B. Alternate members:

[Amended 12-27-2023 by Ord. No. 13-2023]

(1) There shall be four alternate members of the Planning Board appointed by the Mayor and meeting qualifications of Class IV members of the Planning Board. Alternate members shall be designated at the time of the appointment by the Mayor as Alternate No. 1, Alternate No. 2, Alternate No. 3, and Alternate No. 4.

(2) No alternate member shall be permitted to act on any matter in which he has either directly or indirectly any personal or financial interest.

(3) Alternate members may participate in discussions of Planning Board 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 needs to be made as to which alternate member will vote, the alternate shall be chosen in chronological order in accordance with his or her designation as Alternate Nos. 1, 2, 3 or 4.

(4) No alternate members shall vote in place of the Class I or Class III member when the Planning Board is considering an application for development which involves relief pursuant to N.J.S.A. 40:55D-70d.

§ 109-33 Vacancies and removals.

If any vacancy in any class shall occur otherwise than by expiration of term, it shall be filled by appointment as above provided for the unexpired term. Any member other than a Class I member, after a public hearing if he requests one, may be removed by the governing body for cause.

§ 109-34 Officers.

At the Board's first meeting following January 1 of each year, the Planning Board shall elect a Chairman and Vice Chairman from the members of Class IV and select a Secretary who may be either a member of the Planning Board or a municipal employee designated by it. These officers shall serve for the calendar year and until their successors have been duly elected, or, in the case of the Secretary, until a successor has been appointed.

§ 109-35 Planning Board Attorney.

There is hereby created the office of the Planning Board Attorney. The Planning Board may annually appoint, fix the compensation of or agree upon the rate of compensation of the Planning Board Attorney who shall be an attorney other than the Municipal Attorney. The Board shall not exceed, exclusive of gifts or grants, the amount appropriated by the governing body for its use.

§ 109-36 Experts and staff.

A. The Planning Board may also employ or contract for and fix the compensation of or agree upon the rate of compensation of the services of experts and other staff and services as it may deem necessary. The Board shall not exceed, exclusive of gifts or grants, the amount appropriated by the governing body for its use.

B. The Board may also employ experts to study, review and provide testimony on elements of a specific development application should it be determined that such additional professional expertise is necessary for the Board to make a judgment on the application. The cost of such professional services shall be paid for by the applicant to the Township Treasurer and shall be placed in the appropriate account.

§ 109-37 Rules and regulations.

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-1 et seq.) shall apply.

§ 109-38 Powers and duties generally.

A. The Planning Board is authorized to adopt bylaws governing its procedural operation. It shall also have the following powers and duties:

(1) To prepare and, after public hearing, adopt or amend a Master Plan, or component parts thereof, to guide the use of lands within the municipality in a manner which protects public health and safety and promotes the general welfare pursuant to N.J.S.A. 40:55D-28 and amendments thereto.

(2) To administer the provisions of the site plan review and subdivision controls of the West Amwell Township Land Development Ordinance, in accordance with the provisions of said ordinance and pursuant to Article Six of the Municipal Land Use Law of 1975, N.J.S.A. 40:55D-1 et seq.

(3) To annually prepare a program of municipal capital improvements projected over a term of at least six years, and amendments thereto, pursuant to Article Four of the Municipal Land Use Law of 1975, N.J.S.A. 40:55D-1 et seq., and recommend same to the governing body.

(4) To prepare and transmit a report to the governing body within 35 days after referral as to any proposed development regulation revision or amendment thereto submitted to it pursuant to the provisions of N.J.S.A. 40:55D-26a. This report shall include an 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 Planning Board may also review, prepare and transmit a report on any other matters specifically referred to the Planning Board by the Township Committee before final action by the Township Committee, pursuant to N.J.S.A. 40:55D-26b.

(5) When reviewing applications for approval of subdivision plats, site plans or conditional uses, to grant, to the same extent and subject to the same restrictions as the Zoning Board of Adjustment:[1]

(a) Variances pursuant to N.J.S.A. 40:55D-70c, from lot area, lot dimensional, setback and yard requirements, provided that such relief from lot area requirements shall not be granted for more than one lot.

(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 drainageway, flood control basin or public area reserved pursuant to N.J.S.A. 40:55D-32; and

(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.

(d) Whenever relief is requested pursuant to this subsection, notice of a 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.

(e) 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 of a subdivision, site plan or conditional use. The 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 zoning ordinance.

[1] Editor's Note: Ordinance No. 13-2023, adopted 12-27-2023, provided for vesting in the Planning Board all of the powers of the Zoning Board of Adjustment.

(6) To participate in the preparation and review of programs or plans required of the Planning Board by state or federal law or regulations.

(7) To assemble data on a continuing basis as part of a continuous planning process.

(8) To perform such other advisory duties as are assigned to it by ordinance or resolution of the governing body for the aid and assistance of the governing body or other agencies or officers.

(9) To exercise all powers previously granted to the Zoning Board of Adjustment pursuant to N.J.S.A. 40:55D-70.1, 70.2, 72, 74, and 76 and powers granted pursuant to N.J.S.A. 40:55D-34 and 36, as well as the amendments and supplements to the Municipal Land Use Act granting additional powers or amending the powers of a zoning board of adjustment.

[Added 12-27-2023 by Ord. No. 13-2023]

§ 109-39 Time period for grant or denial of application.

A. Minor subdivision applications.

(1) Minor subdivision approval shall be granted or denied within 45 days of the date of submission of a complete application to the Planning Board, or within such further time as may be consented to by the applicant.

(2) Failure of the Planning Board to act within the period prescribed shall constitute minor subdivision approval and a certificate of the Planning Board Secretary as to the failure of the Planning Board to act shall be issued on request of the applicant.

(3) Approval of a minor subdivision shall expire 190 days from the date of Planning Board approval unless within such period a plat in conformity with such approval and the provisions of the Map Filing Law, or a deed clearly describing the approved minor subdivision, is filed by the developer with the county recording officer, the Municipal Engineer and the Municipal Tax Assessor. Any such plat or deed must be signed by the Chairman and Secretary of the Planning Board before it will be accepted for filing by the county recording officer.

B. General development plan applications. The Planning Board shall grant or deny general development plan approval within 95 days after submission of a complete application to the Planning Board Secretary, 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 general development plan approval of the planned development.

C. Preliminary major site plan or subdivision applications.

(1) Upon submission of a complete application to the Planning Board Secretary for a subdivision of 10 or fewer lots or of a site plan involving 10 acres of land or less and 10 dwelling units or less, the Planning Board shall grant or deny preliminary approval within 45 days of the date of such submission or within such further time as may be consented to by the developer.

(2) Upon submission of a complete application for a subdivision of more than 10 lots, or for a site plan involving more than 10 acres or more than 10 dwelling units, the Planning Board shall grant or deny preliminary approval within 95 days of the date of such submission or within such further time as may be consented to by the developer. Otherwise, the Planning Board shall be deemed to have granted preliminary approval for the subdivision.

D. Ancillary powers. Whenever an application for approval of a subdivision plat, site plan or conditional use includes a request for relief pursuant to this chapter, the Planning Board shall grant or deny approval of the application within 120 days after submission by a developer of a complete application to the Planning Board Secretary or within such further time as may be consented to by the applicant. In the event that the developer elects to submit separate consecutive applications, the aforesaid provision shall apply to the application for approval of the variance or direction for issuance of a permit. The period for granting or denying any subsequent approval shall be as otherwise provided for in N.J.S.A. 40:55D-1 et seq. Failure of the Planning Board to act within the period prescribed shall constitute approval of the application and a certificate of the Planning Board Secretary as to the failure of the Planning Board to act shall be issued on request of the applicant.

E. Final major site plan or subdivision applications.

(1) Application for final subdivision or site plan approval shall be granted or denied within 45 days of submission of a complete application to the Planning Board Secretary, 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 final approval and a certificate of the Planning Board Secretary as to the failure of the Planning Board to act shall be issued on the request of the applicant.

(2) The signatures of the Secretary and Chairman of the Planning Board shall not be affixed until the developer has posted the required maintenance and performance guarantees. Final approval of a major subdivision shall expire 95 days from the date of signing of the plat unless within such period the plat in conformity with such approval and with the provisions of the Map Filing Law is filed by the developer with the county recording officer and the Municipal Engineer. The Planning Board may, for good cause shown, extend the period for recording for an additional period not to exceed 190 days from the date of the signing of the plat.

§ 109-40 Citizens' Advisory Committee.

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.