[Amended 5-22-1984; 2-8-2005 by Ord. No.
2005-2; 10-12-2021 by Ord. No. 2021-28]
There shall be a Planning Board comprised of
nine members and four alternates, appointed in accordance with the
provisions of N.J.S.A. 40:55D-23, consisting of the following 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 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 both
a member of the Zoning Board of Adjustment and 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. 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 maybe 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 be among the Class IV 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.
A.
The term of the member composing Class I shall correspond
with his 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 terminate
at the completion of his term of office as a member of the Environmental
Commission, whichever comes first.
[Amended 2-8-2005 by Ord.
No. 2005-2]
B.
The term of a Class IV member who is also a member
of the Board of Adjustment or the 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 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 term 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 term 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.
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.
[Amended 8-26-1986; 10-12-2021 by Ord. No. 2021-28]
Pursuant to N.J.S.A. 40:55D-23.1, the Mayor
shall appoint four alternate members to the Planning Board who shall
meet the qualifications for Class IV members. The four alternate members
shall be designated at the time of appointment as "Alternate No. 1"
and "Alternate No. 2" and "Alternate No. 3" and "Alternate No. 4." The
terms of the alternate members shall be two years, except that the
expiration of such terms of the alternate members first appointed
shall be distributed evenly over the first two years after appointment,
and the initial term of no member shall exceed two years. Any vacancy
occurring otherwise than by expiration shall be filled by the Mayor
for the unexpired term only. Alternate members may participate in
discussion of the proceedings but may not vote except in the absence
or disqualification of a regular member. In the event that a choice
must be made as to which alternate member is to vote, Alternate No.
1 shall vote, then Alternate No. 2, then Alternate No. 3, and then
Alternate No. 4.
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.
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.
C.
To participate in the preparation and review of programs
or plans required by state or federal law or regulations.
D.
To assemble data an 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 same to the governing body.
F.
To consider and make 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 Mayor and Council pursuant to the provisions of N.J.S.A.
40:55D-26b.
G.
To grant variance or direction.
(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 the Zoning Board of Adjustment:
(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.
[Amended 10-26-2004 by Ord. No. 2004-11]
A.
Complete application. All applications to the Planning
or Zoning Board, for land development, shall be reviewed for completeness
by the appropriate board or an authorized designee of the board. Where
no designee has been authorized by a board, the designee for that
board shall be the Board Engineer or in the absence of a Board Engineer
shall be the Borough Engineer. A determination of completeness shall
be made by the designee within 45 days of submission, at which time
the Engineer shall either certify the application to be complete or,
if the application lacks information indicated on the application
checklist, notify the applicant in writing of the deficiencies.
B.
Minor subdivision or minor site plan approval. Application
for minor subdivision or 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. Minor subdivision or minor site plan approval
shall be deemed to be final approval by the Board; provided that the
Board may condition such approval on terms ensuring provisions for
improvements related to the subdivision or site plan. Failure of the
Planning Board to act within the period prescribed shall constitute
minor subdivision or minor site plan approval. Approval of a minor
subdivision shall expire 190 days from the date on which the Planning
Board resolution of approval is adopted 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 Borough
Engineer, and the Borough Tax Assessor. Any such plat or deed accepted
for such filing shall have been signed by the Chairman and Secretary
of the Planning Board.
C.
Preliminary major subdivision or major site plan approval.
Upon submission of a complete application for a subdivision of 10
or fewer lots or 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 submission of a complete application for a subdivision of more
than 10 lots or 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.
Failure of the Planning Board to act within the period prescribed
shall constitute preliminary major subdivision or preliminary major
site plan approval.
D.
Final major subdivision or major site plan approval.
Application for final major subdivision or major site plan approval
shall be granted or denied within 45 days of the date of 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 final major subdivision or final
major site plan approval. Final approval of a major subdivision shall
expire 95 days from the date of signing of the plat by the Chairman
and Secretary, 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 signing
of the plat.
E.
Conditional use approval. Application for a conditional
use approval shall include any required site plan. The Planning Board
shall grant or deny conditional use approval within 95 days of the
date of submission of a complete application or within such further
time as may be consented to by the developer. The time period for
action by the Planning Board on conditional uses shall also apply
to the required site plan review. Failure of the Planning Board to
act within the period prescribed shall constitute conditional use
and site plan approval.
F.
Variance approval. Whenever an application for approval
of a subdivision, site plan or conditional use includes a request
for relief pursuant to Section 47 (N.J.S.A. 40:55D-60) of the Municipal
Land Use Law, the Planning Board shall grant or deny approval of the
application within 120 days after submission by the developer of a
complete application to the administrative officer 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.
Applications for development within the jurisdiction
of the Planning Board pursuant to the provisions of c. 291, P.L. 1975,[1] shall be filed with the Secretary of the Planning Board.
The applicant shall file at least 14 days before the date of the monthly
meeting of the Board three copies of a sketch plat; three copies of
application for minor subdivision approval; three copies of application
for major subdivision approval or three 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 provision
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 Board shall inform the applicant of the steps
to be taken to initiate applications and of the regular meeting dates
of the Board.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
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.
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 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.[2]
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.
