There is hereby established, pursuant to P.L.
1975, c. 291,[1] in the Borough of Lavallette a Planning Board of nine
members, consisting of the following four classes:
A.
Class I: 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 a member of the
Board of Education among the Class IV members.
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 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 is among the
Class IV members of the Planning Board 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.
E.
Class IV alternate members: two other citizens of
the municipality, to be appointed by the Mayor. The alternate members
shall meet the qualifications of the regular members of Class IV as
established herein. Alternate members shall be designated at the time
of appointment by the Mayor as “Alternate No. 1” and “Alternate
No. 2.”
[1]
Editor's Note: See 40:55D-1 et seq.
A.
The term of the member composing Class I shall correspond
with the member'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 a Class IV member who is also a member of
the Environmental Commission shall be for three years or shall terminate
at the completion of his/her term of office as a member of the Environmental
Commission, whichever comes first.
B.
The term of a Class IV member who is also a member
of the Board of Education shall terminate whenever he/she is no longer
a member of such other body or at the completion of his/her Class
IV term, whichever occurs first.
C.
The terms of all Class IV members first appointed
pursuant to this chapter shall be so determined that to the greatest
practicable extent the expiration of such terms shall be evenly distributed
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 herein
provided. All terms shall run from January 1 of the year in which
the appointment was made.
D.
The terms of the alternate members shall be for two
years, which terms shall run from January 1 in the year in which the
appointment is made; provided, however, that the initial term of Alternate
No. 1 shall be for two years, and the initial term for Alternate No.
2 shall be for one year.
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.
The Planning Board shall elect a Chair and Vice
Chair 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.
There is hereby created the office of 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 Planning Board may also employ or contract
for the services of experts and other staff and services as it may
deem necessary. The Board shall not, however, exceed, exclusive of
gifts or grants, the amount appropriated by the governing body for
its use.
The Planning Board is authorized to adopt bylaws
governing its procedural operation. It shall also have the following
powers and duties:
A.
To make and adopt and from time to time amend a Master
Plan for the physical development of the Borough, including any areas
outside its boundaries which in the Board's judgment bear essential
relation to the planning of the Borough, in accordance with the provisions
of N.J.S.A. 40:55D-28.
B.
To administer the provisions of Chapter 56, Subdivision of Land, and the Site Plan Review Ordinance of the township in accordance with the provisions of said ordinances and the Municipal Land Use Law of 1975, N.J.S.A. 40:55D-1 et seq.
C.
To participate in the preparation and review of programs
or plans required by state or federal law or regulations.
D.
To assemble data on a continuing basis as part of
a continuous planning process.
E.
To annually prepare a program of municipal capital
improvement projects projected over a term of six years, and amendments
thereto, and recommend the same to the governing body.
F.
To consider and make a report to the governing body
within 35 days after referral as to any proposed development regulation
submitted to it pursuant to the provisions of N.J.S.A. 40:55D-26a,
and also pass upon other matters specifically referred to the Planning
Board by the Borough Council, pursuant to the provisions of N.J.S.A.
40:55D-26b.
G.
Application review.
(1)
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 a Zoning Board of Adjustment:
(a)
Variances pursuant to NJ.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.
(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 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.
H.
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.
I.
To have and exercise all powers accorded to a Zoning Board of Adjustment pursuant to the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.) and any and all amendments and supplements thereto, including but not limited to, in appropriate cases and subject to its powers and discretions as provided by law, the power to grant variances from the terms of Chapter 90, Zoning, of the Code of the Borough of Lavallette or any term, clause, sentence or word thereof and the Zoning Map, in accordance with the general rules of construction applicable to such legislative enactments.
A.
Minor subdivisions. Minor subdivision approvals 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. 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 applicant
with the county recording officer, the Municipal Engineer and the
Municipal Tax Assessor. Any such plat or deed must be signed by the
Chair and Secretary of the Planning Board before it will be accepted
for filing by the county recording officer.
B.
Preliminary approval of major subdivisions. Upon submission
of a complete application for a subdivision of 10 or fewer lots, 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 applicant. Upon submission of a complete
application for a subdivision of more than 10 lots, 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 applicant. In the event that the Planning Board shall fail
to act upon the application within the ninety-five-day period, it
shall be deemed to have granted preliminary approval for the subdivision.
C.
Ancillary powers. Whenever the Planning Board is called upon to exercise its ancillary powers as set forth in Article I, § 37-7G, of this chapter, the Planning Board shall grant or deny approval of the application within 95 days after submission by the applicant 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, 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.
D.
Final approval.
(1)
Application for final subdivision approval shall be
granted or denied within 45 days of submission of a complete application
or within such further time as may be consented to by the applicant.
(2)
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 applicant with the county
recording officer. 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.
[Amended 10-20-2008 by Ord. No. 2008-19 (1047); 5-24-2010 by Ord. No. 2010-08 (1080)]; 3-23-2015 by Ord. No. 2015-03 (1139)]
A.
Applications
for development within the jurisdiction of the Planning Board, pursuant
to the provisions of N.J.S.A. 40:55D-1 et seq., shall be filed with
the Secretary of the Planning Board. The applicant shall file, at
least 14 days before the date of the meeting of the Board, 14 copies
of a sketch plat, 14 copies of an application for minor subdivision
approval, 14 copies of an application for major subdivision approval
or 14 copies of an application for site plan review, conditional use
approval or planned development. At the time of filing the application,
but in no event less than 10 days prior to the date set for hearing,
the applicant shall also file all plot plans, maps or other papers
required by virtue of any provisions of this chapter or any rule of
the Planning Board. The applicant shall obtain all necessary forms
from the Secretary of the Planning Board. The Secretary of the Planning
Board shall inform the applicant of the steps to be taken to initiate
applications and of the regular meeting dates of the Planning Board.
B.
Completeness
of the application will be determined by the Board Engineer and/or
the Board Secretary, in accordance with the January 2015 application
completeness checklist, being adopted herewith, a copy of which is
on file with the Borough Clerk and the Planning Board Secretary and
is available for inspection during normal business hours.
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.
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.
All actions of the Planning Board shall be taken
in accordance with the voting requirements as established in N.J.S.A.
40:55D-9a. When any hearing before the Planning Board shall carry
over two or more meetings, a member of the Board who was absent for
one or more of the meetings shall be eligible to vote on the matter
upon which the hearing was conducted, notwithstanding his/her absence
from one or more of the meetings; provided, however, that such Board
member has available to him/her a transcript or recording of the meeting
from which he/she was absent and certifies, in writing, to the Board
that he/she has read such transcript or listened to such recording.
