Pursuant to P.L. 1975, c.291 (N.J.S.A. 40:55D-1
et seq.), there is hereby established, in the Township of Middle,
a Planning Board made up of nine members consisting of the following
classes:
A.
Class I: The Mayor or the Mayor's designee.
[Amended 10-5-1995 by Ord. No. 942-95]
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 both
the Zoning Board of Adjustment and a member of the Board of Education
among the Class IV members or alternate 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, position or employment, 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 are,
among the Class IV or alternate, 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.
E.
Alternate members:
(1)
Two alternate members shall be appointed by the Mayor,
which alternate members shall meet the qualifications of Class IV
members of the Planning Board. Alternate members shall be designated
at the time of appointment by the Mayor as "Alternate No. 1" and "Alternate
No. 2."
(2)
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 member comprising Class I shall correspond
to his official tenure. The terms of the members comprising Class
II shall be for one year or terminate at the completion of his term
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. The term of Class IV member who is also a member of the Board
of Adjustment or 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 is first.
B.
The terms of all Class IV members first appointed
under the Municipal Land Use Law shall be so determined that, to the
greatest practicable extent, the expiration of such terms 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 members of
the Planning Board, all of whom shall continue in office until the
completion of the term for which they were appointed. Thereafter,
all Class IV members shall be appointed for terms of four years except
as otherwise herein provided. 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 term of the alternate members first appointed exceed two years.
All terms shall run from January 1 of the year in which the appointment
was made.
If a vacancy in any class shall occur otherwise
than by expiration of the Planning Board 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.
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.
Any member of the Planning Board who has been
absent for one or more of the meetings at which a hearing was held
shall be eligible to vote on the matter upon which the hearing was
conducted, notwithstanding his absence from one or more of the meetings;
provided, however, that such Board member has available to him a transcript
or recording of the hearing from which he was absent and certifies
in writing to the Board that he has read such transcript or listened
to such recording.
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 authorize expenditures which exceed,
exclusive of gifts or grants, the amount appropriated by the governing
body for its use.
The Planning Board shall adopt such rules and
regulations as may be necessary to carry into effect the provisions
and purposes of this chapter. More specifically, the Planning Board
shall have the authority to:
A.
Prepare, adopt and, from time to time, amend or revise
a master plan for the physical development of the municipality, including
any areas outside its boundaries which in the Board's judgment bear
essential relation to the planning of the municipality in accordance
with the provisions of N.J.S.A. 40:55D-28.
B.
Exercise control over the review of subdivision and
site plans in accordance with this chapter and N.J.S.A. 40:55D-37
et seq.
C.
Exercise control over the granting of applications for conditional uses in accordance with the provisions of Chapter 250, Zoning, and pursuant to N.J.S.A. 40:55D-67.
D.
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 N.J.S.A. 40:55D-70c.
(2)
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
on an official map.
(3)
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.
E.
To participate in the preparation and review of programs
or plans required by state or federal law or regulations.
F.
To consider and make reports to the governing body
within 35 days after referral as to any proposed development regulation
or any proposed action on the Official Map 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 governing
body, pursuant to the provisions of 40:55D-26b.
G.
To perform such other advisory duties as are assigned
to it by ordinance or resolution of the governing body or other agencies
or officers.
Whenever the Planning Board is called upon to
exercise its ancillary powers as to the granting of a variance, as
set forth in N.J.S.A. 40:55D-60, the Planning Board shall grant or
deny approval of the application within 120 days after submission
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 Secretary of the Planning Board as to the failure
of the Planning Board to act shall be issued on request of the applicant.
Whenever the Planning Board shall have adopted
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 authority, redevelopment agency, school
board or other similar public agency, state, county or municipality.
If the Planning Board lacks a quorum because
any of its regular or alternate members is prohibited 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 Chairman
of the Board of Adjustment shall make the choice.
