[Amended 4-21-1980 by Ord. No. 8-80]
If a vacancy in any class or alternate position
shall occur otherwise than by expiration of a term, it shall be filled
by appointment as above provided for the unexpired term.
[Amended 2-6-1989 by Ord. No. 3-89]
The Planning Board shall elect a Chairperson
and Vice Chairperson from the members of Class IV. It shall also select
a Recording Secretary and an Assistant Secretary, which positions
shall be held by different persons, either of whom may or may not
be a member of the Planning Board or a municipal employee.
There is hereby created the Office of Planning
Board Attorney. The Planning Board may annually appoint and, subject
to the appropriation of funds, fix the compensation of the Planning
Board Attorney, who shall be an attorney other than the Borough 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 a specific
policy statement respecting its relationship to any areas outside
its boundaries which, in the Board's judgment, bear essentially upon
the planning of the Borough of Mendham, in accordance with the provisions
of N.J.S.A. 40:55D-28.
B. To administer the provisions of Chapter
195, Subdivision of Land and Site Plan Review, 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 report to the governing body
within 35 days of 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 Mayor and Council pursuant to the provisions of N.J.S.A.
40:55D-26b.
G. Approvals.
[Amended 4-21-1980 by Ord. No. 8-80; 7-16-1984 by Ord. No.
11-84]
(1) Whenever the proposed development requires approval,
pursuant to this Act, of a subdivision, site plan or conditional use,
but not a variance pursuant to N.J.S.A. 40:55D-70d, to grant to the
same extent and subject to the same restrictions as the Board of Adjustment:
(a)
Variances pursuant to N.J.S.A. 40:55D-70c.
(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 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 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 Chapter
215, Zoning.
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. When requested by a developer, to grant an informal
review of a concept plan for a development for which the developer
intends to prepare and submit an application for development. The
developer shall not be required to submit any fees for such an informal
review. The developer shall not be bound by any concept plan for which
review is requested, and the Planning Board shall not be bound by
any such review.
[Added 4-21-1980 by Ord. No. 8-80]
J. To waive notice and public hearing for any application
for development for a conventional site plan, if the Planning Board
or its Site Plan Subcommittee, appointed by the Chairperson, finds
that the application for development conforms to the definition of
"minor site plan." Minor site plan approval shall be deemed to be
final approval of the site plan by the Board, provided that the Board
or said Subcommittee may condition such approval on terms ensuring
the provision of improvements pursuant to N.J.S.A. 40:55D-38, 40:55D-39,
40:55D-41 and 40:55D-53.
[Added 4-21-1980 by Ord. No. 8-80]
[Amended 6-7-1999 by Ord. No. 15-99; 3-21-2005 by Ord. No.
2-05]
Applications for development within the jurisdiction
of the Planning Board, pursuant to the provisions of P.L. 1975, c.
291 (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 35 days
before the date of the monthly meeting of the Board, 22 copies of
a sketch plat, 22 copies of an application for minor subdivision approval,
22 copies of an application for major subdivision approval or 22 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 35 days prior to the date set for the hearing,
the applicant shall also file 22 copies of all plot plans, maps or
other papers required by the Application Checklist set forth as Appendix
A of this chapter. The applicant shall obtain all necessary forms from the
Secretary of the Planning Board. The Secretary of the Board shall
inform the applicant of the steps to be taken to initiate applications
and of the regular meeting dates of the Board.
The Mayor of the Borough of Mendham 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.
Whenever the 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 the Planning
Board to make such informational copy available to the Environmental
Commission shall not invalidate any hearing or proceeding.
The Board shall adopt such rules and regulations
as may be necessary to carry into effect the provisions and purposes
of this Part 1. 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.