Pursuant to N.J.S.A. 40:55D-1 et seq., there
is hereby established a Planning Board consisting of nine members
and four alternate members. The membership, terms, organization, powers,
function and operation of the Board shall be subject to all applicable
provisions of said statute. The Planning Board shall exercise all
of the powers and duties of the Zoning Board of Adjustment.
[1]
Editor's Note: This ordinance provided that
it take effect 10-1-2006.
A.
The Planning Board membership shall consist of the
following four classes:
(1)
Class I, the Mayor.
(2)
Class II, one of the officials of the Township, other
than a member of the Township Committee, to be appointed by the Mayor.
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 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.
(3)
Class III, a member of the Township Committee to be
appointed by it.
(4)
Class IV, six other citizens of the Township 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 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
member unless there is among the Class IV members 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 a Class II member.
B.
For the purpose of this section, membership on a municipal
board or commission whose function is advisory in nature, and the
establishment of which is discretionary and not required by statute,
shall not be considered the holding of a municipal office.
C.
There may be not more than four alternate members
appointed to the Planning Board in the same manner as Class IV members,
who shall be designated by the Mayor as "Alternate No. 1," "Alternate
No. 2," "Alternate No. 3," and "Alternate No. 4."
[Amended 7-24-2006 by Ord. No. 2006-20[1]]
[1]
Editor's Note: This ordinance provided that
it take effect 10-1-2006.
D.
Alternate members may participate in all matters but
may not vote except in the absence or disqualification of a regular
member of any class; provided, however, that alternate members shall
not vote in place of Class I or Class III members with respect to
variance relief under N.J.S.A. 40:55D-70d. A vote shall not be delayed
in order that a regular member may vote instead of an alternate member.
Voting priority shall be based on the designated number of the alternate
member, with Alternate No. 1 having first priority.
[2]
Editor's Note: This ordinance provided that
it take effect 10-1-2006.
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 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.
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 the Board member is no longer a member of the other body
or at the completion of the Class IV term, whichever occurs first.
[Amended 3-12-2003 by Ord. No. 2003-1]
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 their terms shall be distributed
evenly over the first four years after their appointment as determined
by resolution of the Township Committee. However, no term of any member
shall exceed four years. 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 provided in this chapter. All terms shall
run from January 1 of the year in which the appointment is made.
D.
Alternate members shall serve for terms of two years,
provided that in the event that two alternate members are appointed
simultaneously, the initial terms of such members shall be one and
two years, respectively. Such alternate members shall be designated
by the Mayor as "Alternate No. 1" and "Alternate No. 2" and shall
serve in rotation in the absence or disqualification of Board members.
[Amended 3-12-2003 by Ord. No. 2003-1]
E.
The terms of alternate members shall be for two years,
except that of the alternate members first appointed, one shall be
appointed for a two-year term and one shall be appointed for a one-year
term, said terms to run from January 1 of the year in which the appointment
is made. Thereafter, all appointments shall be made for a term of
two years.
If a vacancy in any class shall occur otherwise than by expiration of term, it shall be filled by appointment as provided in § 74-3 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 Township Committee 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.
There is hereby created the office of Planning
Board Attorney. The Planning Board may annually appoint and 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 employ or contract for
the services of experts and other staff and services as it may deem
necessary. The Board shall not exceed, exclusive of gifts or grants,
the amount appropriated by the Township Committee 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, adopt, and amend a Master Plan for the physical
development of the Township. The Master Plan shall include a specific
policy statement indicating the relationship of the proposed development
of the Township to the master plans of contiguous municipalities,
the master plan of the county, the state development plan and redevelopment
plan adopted pursuant to the State Planning Act, P.L. 1985, c. 398
(N.J.S.A. 52:18A-196 et al.) and the District Solid Waste Management
Plan of the county. Said Master Plan shall be reexamined every six
years in accordance with the provisions of N.J.S.A. 40:55D-89. The
reexamination shall be completed at least once every six years from
the previous reexamination. The absence of the adoption by the Planning
Board of a reexamination report pursuant to statute shall constitute
a rebuttable presumption that the municipal development regulations
are no longer reasonable.
[Amended 3-12-2003 by Ord. No. 2003-1]
C.
To hear applications for conditional uses and in proper cases to approve conditional use permits in accordance with provisions of Chapter 190, Zoning, pursuant to N.J.S.A. 40:55D-67.
D.
To participate in the preparation and review of programs
or plans required of the Planning Board by state or federal law or
regulations.
E.
To assemble data on a continuing basis as part of
a continuous planning process.
F.
To annually prepare a program of municipal capital
improvement projects projected over a term of six years, with amendments,
and recommend this program to the Township Committee.
G.
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,
which report shall identify any provisions in the proposed development
regulation, revision or amendment which are inconsistent with the
Master Plan and shall include recommendations concerning these inconsistencies,
and any other matters the Board deems appropriate; and also pass upon
other matters specifically referred to the Planning Board by the governing
body pursuant to provisions of N.J.S.A. 40:55D-26b.
H.
Variance or direction for issuance of a permit.
(1)
Whenever the proposed development requires approval
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 H, 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 for 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 or purpose of the zone plan and Chapter 190, Zoning.
I.
To perform such other advisory duties as are assigned
to it by ordinance or resolution of the Township Committee for the
aid and assistance of the Township Committee or other agencies or
officers.
J.
To consider and make a report within 45 days of its
receipt upon any petition for annexation submitted to the governing
body of the municipality and referred to the Planning Board pursuant
to the provisions of N.J.S.A. 40A:7-12.
K.
To review a petition for inclusion of a parcel in
a municipality-approved farmland preservation program pursuant to
N.J.S.A. 4:1C-21c.
The following shall apply:
A.
Minor subdivisions and site plans.
(1)
Minor subdivision approvals and minor site plan approvals
shall be granted or denied within 45 days of the date of certification
of submission of a complete application 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,[1] or a deed clearly describing the approved minor subdivision,
is filed by the applicant with the County Recording Officer, the Township
Engineer, and the Township Tax Assessor. Any such plat or deed must
be signed by the Chairman and Secretary of the Planning Board before
it will be accepted for filing by the County Recording Officer. Minor
site plan approval shall be deemed to be final approval of the site
plan by the Board, provided the Board finds that the application conforms
to the definition of "minor site plan" and further provided that the
Board may condition such approval on terms insuring the provision
of improvements pursuant to N.J.S.A. 40:55D-38, N.J.S.A. 40:55D-39,
N.J.S.A. 40:55D-41, and N.J.S.A. 40:55D-53.
[1]
Editor's Note: See N.J.S.A. 46:23-9.9 et seq.
(2)
Any approvals given pursuant to this section shall
be conditioned upon timely receipt of a favorable report on the application
by the County Planning Board or approval by the County Planning Board
by its failure to report thereon within the required time period.
[Amended 3-12-2003 by Ord. No. 2003-1]
B.
Preliminary approval of site plans and subdivisions.
(1)
Upon submission of a complete application for a site
plan which involves 10 acres of land or less, and 10 dwelling units
or fewer, or for a subdivision of 10 or fewer lots, the Planning Board
shall grant or deny preliminary approval within 45 days of certification
of completeness of such submission or within such further time as
may be consented to by the applicant.
(2)
Upon submission of a complete application for a site
plan which involves more than 10 acres, or more than 10 dwelling units,
or for a subdivision of more than 10 lots, the Planning Board shall
grant or deny preliminary approval within 95 days of the date of certification
of completeness of such submission or within such further time as
may be consented to by the applicant.
C.
Ancillary powers. Whenever the Planning Board is called upon to exercise its ancillary powers before the granting of a variance as set forth in § 74-8H, 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, 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. Application for final subdivision
or site plan approval shall be granted or denied within 45 days of
certification of completeness of the application or within such further
time as may be consented to by the applicant.
E.
Preliminary and final site plan approval. When considering
an application for preliminary or final site plan approval and approval
is granted subject to a condition or conditions to be met, the applicant
shall meet the condition or conditions of the approval within six
months from the date of the resolution granting the conditional approval.
If the applicant can show that literal enforcement of this subsection
is impractical or will exact undue hardship, the Planning Board may
grant an extension or extensions from this time limitation as may
be reasonable within the general intent of this chapter. Application
for preliminary and final site plan approval shall be granted within
the time limits set forth in N.J.S.A. 40:55D-46 and 40:55D-50.
[Amended 10-17-2019 by Ord. No. 2019-14]
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 Board Secretary.
B.
An applicant shall file at least 21 days before the
date of the monthly meeting of the Board. He shall provide eight copies
of a sketch plat, three copies of an application for minor subdivision
approval; three copies of an 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,
the applicant shall also file maps or other papers required by virtue
of any provision of this chapter or any rule of the Planning Board.
C.
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 may appoint one or more persons as
a citizens' advisory committee to assist or collaborate with the Planning
Board in its duties, but such persons shall have no power to vote
or take other action required of the Board. Such 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 Township, 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 this
informational copy available to the Environmental Commission shall
not invalidate any hearing or proceeding.
The Board shall adopt necessary rules and regulations
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.
In processing an application for development,
whenever an applicant is required to submit deeds, easements, bonds
or other guarantees to the Township or to others as a condition of
approval, the applicant shall submit the required documents to the
Board Secretary within 14 days after the imposition of the requirement
by the Board. The Board Secretary shall forward such documents to
the Planning Board Attorney and the Township Engineer for review within
five days of receipt of the same from the applicant, unless instructed
by action of the Board or by direction of the Board Chairman that
the review is not required. Unless so instructed, the professional
review shall be required, and no condition of approval shall be deemed
satisfied until a report from the Planning Board Attorney and the
Township Engineer is received by the Secretary indicating that the
documents have been reviewed and they either are in a legal and proper
form necessary to satisfy the condition imposed by the Board or they
require revision to meet the condition imposed. In the event that
the documents require revision, the condition shall not be deemed
satisfied until the documents have been revised in accordance with
the report of the Township Engineer or Planning Board Attorney, unless
authorized by the Board.
Applications for development within the jurisdiction of the Planning Board shall be reviewed for completeness in accordance with the provisions of § 74-37A of this chapter.
