Township of Parsippany-Troy Hills, NJ
Morris County
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Table of Contents
Table of Contents
There is hereby established in the Township of Parsippany-Troy Hills a Planning Board of nine members consisting of the following four classes:
A. 
Class I: The Mayor.
B. 
Class II: One of the Township officials other than a member of the Township Council, to be appointed by the Mayor.
C. 
Class III: A member of the Township Council to be appointed by the Township Council.
D. 
Class IV: Six citizens of Parsippany-Troy Hills to be appointed by the Mayor, none of whom hold any Township office, except that one member of the Board of Adjustment and one member of the Board of Education may be a Class IV member of the Planning Board.
[Added 2-26-1980 by Ord. No. 80:3]
A. 
The governing body may, by ordinance, provide for the appointment to the Planning Board of not more than two alternate members. Alternate members shall be appointed by the appointing authority for Class IV members and shall meet the qualifications of Class IV members of nine-member planning boards. Alternate members shall be designated at the time of appointment by the Mayor as "Alternate No. 1" and "Alternate No. 2."
B. 
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.
C. 
No alternate member shall be permitted to act on any matter in which he has, either directly or indirectly, any personal or financial interest. An alternate member may, after public hearing if he requests one, be removed by the governing body for cause.
D. 
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.
A. 
The term of the Mayor shall correspond to his official tenure.
B. 
The terms of the members composing the Class II and Class III members of the Board shall be for one year.
C. 
All Class IV members shall be appointed for terms of four years. The terms of the Class IV member who may be appointed hereunder, who may also be a member of the Board of Adjustment or the Board of Education, shall terminate when such member is no longer a member of such other body or at the completion of his Class IV term, whichever occurs first. Members of the Planning Board shall continue in office until the completion of their terms.
D. 
All terms shall run from January 1 in the year in which the appointment is made.
The Planning Board shall elect a Chairman and Vice Chairman from the members of Class IV and select a Secretary, who shall be a municipal employee. The Planning Board Chairman may appoint a Minor Subdivision and Site Plan Committee which shall act as a classification committee and may, without notice and public hearing, hear and determine applications for minor subdivisions and site plans.
A. 
The Planning Board shall employ or contract for the service of a Planning Board Attorney other than the Municipal Attorney and for the services of such other and additional experts, staff and services as it shall deem necessary and appropriate to the performance by it of its duties and functions.
B. 
The Planning Board may fix the compensation of or agree upon the compensation or other remuneration to be paid to the Attorney, such experts and staff. Such amount, however, shall not exceed the amount appropriated by the Township Council for the use of the Planning Board.
The Board shall adopt such rules and regulations as may be reasonably necessary and appropriate to its functions. In the issuance of subpoenas, administration of oaths and the 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.
The Planning Board shall have the power to:
A. 
Prepare and, after public hearing, to 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 and is otherwise consistent with the purposes of this chapter.
B. 
Administer the provisions of the Municipal Land Use Law, including land subdivision, site development, conditional uses and off-site improvements.
C. 
Grant variances pursuant to N.J.S.A. 40:55D-70c when reviewing applications for approval for subdivisions, site development plans or conditional uses.
[Amended 2-26-1980 by Ord. No. 80:3]
D. 
Incidental to its primary powers, to direct the issuance, pursuant to N.J.S.A. 40:55D-34, of a permit for a building or structure in the bed of a street or public drainageway, flood control basin or public area reserved pursuant to the Official Map adopted by the Township Council.
E. 
Incidental to its primary powers, to direct the issuance, pursuant to N.J.S.A. 40:55D-36, of a permit for a building or structure not related to a street.
F. 
Annually prepare a program of municipal capital improvement projects, with the exception of water, storm and sanitary sewer facilities, projected over a period of six years and recommend the same to the governing body, pursuant to N.J.S.A. 40:55D-29.
G. 
Participate in the preparation and review of the programs or plans required by state or federal law and regulations.
H. 
Assemble data on a continuing basis as part of a continuing planning process.
I. 
Consider and report to the Township Council, within 35 days after referral, as to any proposed development regulations pursuant to N.J.S.A. 40:55D-26a and also to pass upon such other matters as may be specifically referred to the Planning Board by the Township Council or other public agency pursuant to the provisions of N.J.S.A. 40:55D-26b and N.J.S.A. 40:55D-31.
J. 
Perform such other advisory duties as are from time to time assigned to it by ordinance or resolution of the Township Council for the aid and assistance of the Township Council or other municipal agencies or officers, including reviewing, holding hearings, if deemed necessary, and reporting to the Board of Adjustment with respect to the opinion of the Planning Board on matters within its expertise on applications for development or appeal filed with the Board of Adjustment.
Every member of the Planning Board shall be eligible to vote on all applications and/or hearings held thereon, except that when any hearing before the Board shall carry over two or more meetings, a member of the Board who was absent for one or more meetings shall not be eligible to vote on the matter upon which the hearing was conducted unless such Board member has available to him a transcript or recording of the meeting from which he was absent and certifies in writing to the Board that he has read such transcript or listened to such recording.
A. 
Applications for development shall be filed with the Secretary of the Planning Board.
B. 
Applications shall be filed upon forms provided by the Board and at such time prior to a monthly meeting as may be designated by the Board. No application shall be deemed complete unless, in addition to any other requirements contained in this chapter, the items, information and documentation listed in the applicable checklists, below, are submitted to the Board, together with the completed checklist(s).[1] The applicant may request, in writing, that one or more of the submission requirements be waived, in which event the Board shall grant or deny the request within 45 days of submission of the written request. An application for development shall be complete, for purposes of commencing the applicable time period for action by the Board, when so certified by the Board or its authorized committee or designee.
[Amended 8-15-2006 by Ord. No. 2006:17]
[1]
Editor's Note: The application checklist and forms are included at the end of this chapter.
C. 
All revised plans on applications and all outside reports that have been scheduled for hearing must be filed at least three weeks prior to the public hearing in the office of the Secretary of the Planning Board. The day the plans are submitted will not be counted as part of the three-week requirement.
[Added 8-12-1997 by Ord. No. 97:25]
Upon receipt of a complete application for land development by the Secretary of the Planning Board and after classification, the Secretary shall forward a copy of the plat, together with such additional material as may be necessary and appropriate, to the various county, state and Township offices and departments having jurisdiction thereof for their reports and recommendations concerning the proposed development. The reports shall be presented to the Planning Board at a regularly scheduled meeting on the application. If a report disapproves of the application, detailed reasons for the disapproval must be set forth.
A. 
Minor subdivisions and minor site plans. Minor subdivision and minor site plan 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.
(1) 
Approval of a minor subdivision shall expire 190 days from the date of Planning Board approval unless, within such time, a plat in conformity with such approval and the provisions of the Map Filing Law (N.J.S.A. 46:23-9.9 et seq.) or a deed or other instrument clearly describing the approved minor subdivision is filed by the developer with the County Clerk of Morris County, the Municipal Engineer and the Municipal Tax Assessor. Any such plat, deed or other instrument must be signed by the Chairman and Secretary of the Planning Board before it can be accepted for filing with the county recording officer.
(2) 
Approval of a minor site plan shall expire 190 days from the date of Planning Board approval unless, within such period, an application for the issuance of a building permit is made to the Building Department of the Township.
B. 
Sketch plat approval for major subdivisions. Upon submission of a complete application for sketch plat approval of a subdivision of 10 or fewer lots, the Planning Board shall grant or deny such sketch plat approval within 45 days from the date of such submission or within such further time as may be consented to by the developer. Upon submission of a complete application for sketch plat approval for a major subdivision of more than 10 lots, the Planning Board shall grant or deny such 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 sketch plat approval for the subdivisions.
C. 
Preliminary approval of major subdivisions and site plans. Upon the submission to the administrative officer of a complete application for a site plan which involves 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. Upon the submission of a complete application for a site plan which involves 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 of the site plan.
[Amended 2-26-1980 by Ord. No. 80:3]
D. 
Final approval of major subdivisions and major site plans. Applications for final major subdivision or major site plan approval shall be granted or denied within 45 days from the submission of a complete application or within such further time as may be consented to by the developer.
(1) 
Final approval of a major subdivision shall expire 95 days from the date of signing of the plat unless, within such period, the plat shall have been duly filed by the developer with the County Clerk of Morris County. The Planning Board may, for good cause shown, upon application made by the developer prior to the expiration of such ninety-five-day period, extend the period for recording for an additional period not to exceed 190 days from the date of the signing of the plat.
(2) 
Final approval of a major site plan shall expire 95 days from the date of the signing of the plat unless, within such period, application shall have been made to the Building Department of the Township for a certificate of occupancy. The Planning Board may, for good cause shown, upon application made prior to the expiration of such period, extend the period for application for such certificate of occupancy for an additional period not to exceed 190 days from the date of the signing of the plat.
E. 
Conditional use permit. Application for a conditional use permit shall be granted or denied within 95 days of submission of a complete application by the developer or within such further time as may be consented to by the applicant. The time period for action by the Planning Board on conditional uses shall govern the accompanying site plan review, if any. The granting of a conditional use permit in conjunction with preliminary site plan approval shall grant to the applicant the rights applicable to preliminary site plans as contained in N.J.S.A. 40:55D-49, and shall subject the applicant to the requirements of final approval of such site plan as contained in the Municipal Land Use Law.
F. 
Ancillary powers. Whenever the Planning Board is called upon to exercise its ancillary powers pursuant to N.J.S.A. 40:55D-60, the Planning Board shall grant or deny approval of the application within 95 days after submission by the developer of a complete application 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.
G. 
Simultaneous applications. The Planning Board shall accept simultaneous applications for preliminary and final site plan approval or preliminary and final major subdivision approval where so requested by the applicant, provided that all of the conditions, requirements and safeguards established for such preliminary and final approvals are adhered to.
[Added 2-27-1996 by Ord. No. 96:5]
[1]
Editor's Note: Former § 225-15, Recording of hearings, as amended, was repealed 10-19-2010 by Ord. No. 2010:28.
A. 
Minor subdivisions and minor site plans. The zoning requirements and general terms and conditions, whether conditional or otherwise, upon which minor subdivision or minor site plan approval was granted shall not be changed for a period of two years after the date of such minor subdivision or minor site plan approval, provided that the approved minor subdivision shall have been duly recorded as herein provided and/or that a building permit shall have been issued within the time period herein provided with respect to such minor site plan.
B. 
Preliminary approval of a major subdivision or site plan. Preliminary approval of a major subdivision or site plan shall, except as provided in Subsection B(4) of this section, confer upon the applicant the following rights, for a three-year period from the date of the preliminary approval:
(1) 
That the general terms and conditions on which preliminary approval was granted shall not be changed, including but not limited to use requirement; layout and lot design standards for streets, curbs and sidewalks; lot size; yard dimensions and off-tract improvements: and, in the case of a site plan, any requirements relating to preservation of existing natural resources on the site, safe and efficient vehicular and pedestrian circulation, parking and loading, screening, landscaping and location of structures and exterior lighting needed for safety reasons; provided, however, that nothing herein shall be construed to prevent the Township from modifying by ordinance such general terms and conditions of preliminary approval as relate to public health and safety.
(2) 
That the applicant may submit for final approval on or before the expiration date of preliminary approval the whole or section or sections of the preliminary subdivision plat or site plan, as the case may be.
(3) 
That the applicant may apply and the Planning Board may grant extensions on such preliminary approval for additional periods of at least one year but not to exceed a total extension of two years, provided that, if the design standards have been revised by ordinance of this Township, such revised standards may, at the discretion of the Planning Board, govern.
(4) 
In the case of a subdivision of or site plan for an area of 50 acres or more, the Planning Board may grant the rights referred to in Subsection B(1), (2) and (3) above for such period of time longer than three years as shall be determined by the Planning Board to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval, economic conditions and the comprehensiveness of the development. The applicant may apply for thereafter, and the Planning Board may thereafter grant, an extension to preliminary approval for such additional period of time as shall be determined by the Planning Board to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval, the potential number of dwelling units and nonresidential floor area of the section or sections awaiting final approval, economic conditions and the comprehensiveness of the development, provided that, if the design standards have been revised, such revised standards may govern.
C. 
Final approval of major subdivisions and major site plans.
(1) 
The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer, whether conditionally or otherwise, shall not be changed for a period of two years after the date of final approval, provided that in the case of major subdivisions the rights conferred by this section shall expire if the plat has not been duly recorded within 95 days from the date of signing of the plat, unless extended as provided for by law. If the developer has followed the standards prescribed for final approval and, in the case of a subdivision, has duly recorded the plat, the Planning Board may extend such period of protection for extensions of one year but not to exceed three extensions. The granting of final approval terminates the time period of preliminary approval.
(2) 
In the case of a subdivision or site plan for a residential cluster of 50 acres or more or conventional subdivision or site plan for 150 acres or more, the Planning Board may grant the rights referred to in Subsection C(1) of this section for such period of time longer than two years as shall be determined by the Planning Board to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under final approval, economic conditions and the comprehensiveness of the development. The developer may apply for thereafter, and the Planning Board may thereafter grant, an extension of final approval for such additional period of time as shall be determined by the Planning Board to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under final approval, the number of dwelling units and nonresidential floor area remaining to be developed, economic conditions and the comprehensiveness of the development.
[Amended 4-10-1979 by Ord. No. 79:6; 10-27-1981 by Ord. No. 81:46; 11-26-1985 by Ord. No. 85:63; 8-14-1990 by Ord. No. 90:57; 4-25-1995 by Ord. No. 95:8; 6-20-1995 by Ord. No. 95:19; 5-14-1996 by Ord. No. 96:11; 8-16-2005 by Ord. No. 2005:19; 4-28-2009 by Ord. No. 2009:15]
Upon the filing of an application for development within the Township of Parsippany-Troy Hills, the following fees shall be paid to the Secretary of the Planning Board:
A. 
(Reserved)
B. 
Upon the filing of an application for a proposed minor subdivision: a fee of $200. The escrow fee shall be $1,250.
C. 
Upon the filing of a sketch plat of a proposed major subdivision: a fee of $250, plus $50 for each proposed lot as shown on such sketch plat. The escrow fee shall be $1,500.
D. 
Upon the filing of an application for preliminary approval of a major subdivision: a fee of $250, plus $50 per lot shown on the plan. The escrow fee shall be $5,000.
E. 
Upon the filing of an application for final subdivision approval: a fee of $250, plus $25 per lot shown on the plan. The escrow fee shall be $3,500.
F. 
Minor site plans.
(1) 
Upon the filing of an application for minor site plan approval:
Number of Parking Spaces
Fee
Fewer than 10
$100
11 to 50
$200
More than 50
$300
(2) 
The escrow fee shall be $1,250.
G. 
Upon the filing of an application for approval of a preliminary major site plan:
(1) 
Residential:
(a) 
Fifty dollars per dwelling unit, one to 30.
(b) 
Thirty dollars per dwelling unit, 31 to 100.
(c) 
Twenty dollars per dwelling unit, 101 and above.
(d) 
Minimum fee: $300.
(e) 
The escrow fee shall be $5,000.
(2) 
Commercial, industrial, public, etc.:
(a) 
Fifty dollars for each 1,000 square feet of gross floor area with a minimum fee of $300 and a maximum fee of $4,000.
(b) 
The escrow fee shall be $5,000.
H. 
Upon an application for approval of a final major site plan review: 50% of the fees for preliminary site plan as established in Subsection G, except that the escrow fee for a final site plan shall be $3,000.
I. 
(Reserved)
J. 
Upon the filing of an application which includes a request for approval, pursuant to the ancillary powers of the Planning Board: the fee applicable to the application of which such request forms a part shall be in addition to the applicable fees provided in § 225-27 of this chapter.
K. 
In all cases where applications for site plan approval for apartment houses or multifamily dwellings may be required under any ordinances of the Township, the applicant for such site plan approval shall pay a fee of $10 per apartment unit.
L. 
Upon the filing of an application for conditional use approval in a residential zone, with the exception of customary home occupations and mixed use development: a fee of $100.
M. 
Upon the filing of an application for conditional use approval for a customary home occupation: a fee of $25.
N. 
Upon the filing of an application for mixed use development: a fee of $500, plus $15 per single-family residential lot, plus $10 per attached dwelling unit, plus a sum equal to $0.03 per square foot of building area for the first 10,000 square feet of nonresidential building area, plus a sum equal to $0.01 per square foot of building area for the next 90,000 square feet of building area, plus a sum equal to $0.005 per square foot of building area for all square footage of building area in excess of 100,000 square feet.
O. 
Upon the filing of an application for a conditional use:
(1) 
Residential: $250.
(2) 
Nonresidential: $500.
(3) 
Escrow fee: $1,000 (nonresidential only).
P. 
(Reserved)
Q. 
In cases where the applicant is seeking variance approval pursuant to the ancillary powers of the Planning Board, in conjunction with conditional use approval, only one fee will be required, which will be the highest fee for any one type of application.
R. 
To request a zone change: $500. The escrow fee shall be $1,500.
The Mayor may from time to time appoint one or more persons, who are citizens of the Township of Parsippany-Troy Hills and are not employees or officials of the Township, as a Citizens' Advisory Committee to assist or collaborate with the Planning Board in performance of its duties, but such person or persons shall have no right to vote or take other action required of the Board. Such person or persons shall serve at the pleasure of the Mayor.