There is hereby established, pursuant to N.J.S.A.
40:55D-23 et seq., in the Township of Monroe, a Planning Board of
nine members consisting of the following four classes:
A.
Class I: the Mayor or the Mayor's designee in the
absence of the Mayor.
[Amended 8-12-1997 by Ord. No. O-40-97]
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 Section 1 of P.L. 1968, c. 245 (N.J.S.A.
40:56A-1), shall be deemed to be the Class II Planning Board member
for purposes of this Act in the event that 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.
C.
Class III: a member of the governing body, to be appointed
by the governing body.
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 as stated. One member of the Board of Education
and/or one member of the Zoning Board of Adjustment may be a Class
IV member of the Planning Board. The member of the Environmental Commission
who is also a member of the Planning Board 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
common to the Planning Board and Municipal Environmental Commission
shall be deemed a Class II member of the Planning Board.
[Amended 8-12-1997 by Ord. No. O-40-97]
The term of the member composing Class I shall
correspond to the Mayor's official tenure, or, if the member is the
Mayor's designee in the absence of the Mayor, the designee shall serve
at the pleasure of the Mayor during the Mayor'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 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 a 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 occurs first. The terms of all Class IV members
first appointed under this Act 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,
provided that the initial Class IV term of no member shall exceed
four years. Thereafter, the Class IV term of each such member shall
be four years. 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. No member of the Planning
Board shall be permitted to act on any matter in which he has, either
directly or indirectly, any personal or financial interest. 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. Nothing in this
chapter shall, however, be construed to 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.
A member of the Board who was 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 the 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.
A.
Alternate members shall be appointed by the Mayor
and shall meet the qualifications of Class IV members. Alternate members
shall be designated at the time of appointment by the mayor as "Alternate
No. 1" and "Alternate No. 2." 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 terms of the alternate members first appointed exceed two years.
A vacancy occurring otherwise than by expiration of term shall be
filled by the Mayor for the unexpired term only.
B.
No alternate member shall be permitted to act on any
matter in which he has either directly or indirectly any personal
or financial interest. An alternate member may, after public hearing
if he requests one, be removed by the governing body for cause.
C.
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.
The Planning Board shall elect a Chairman and
Vice Chairman from the members of Class IV, and select a Secretary,
who may or may not be a member of the Planning Board or a municipal
employee and create and fill such other offices as established by
ordinance. It may employ, or contract for and fix the compensation
of legal counsel, other than the Township Attorney, a professional
planner, a professional engineer, and other staff and services as
it may deem necessary, not exceeding, exclusive of gifts or grants,
the amount appropriated by the Township Council for its use.
The Planning Board shall adopt and may amend
reasonable rules and regulations, not inconsistent with this Act or
with any applicable ordinance, for the administration of its functions,
powers and duties, and shall furnish a copy thereof to any person
upon request and may charge a reasonable fee for such copy. Copies
of all such rules and regulations and amendments thereto shall be
maintained in the office of the administrative officer.
The Planning Board shall 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 Monroe Township in accordance with the provisions of § 175-13 of this chapter (N.J.S.A. 40:55D-28).
B.
To administer the provisions of the Comprehensive
Land Management Ordinance of Monroe 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.), including but not limited to subdivision
control, site plan review and zoning district regulations including
conditional uses.
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 prepare, at least every four years, 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, said program to be in accordance with the provisions of § 175-14 of this chapter (N.J.S.A. 40:55D-29 and 55D-30).
F.
To perform advisory duties on the following referrals:
[Amended 11-21-1984 by Ord. No. O-26-84]
(1)
Prior to the adoption of a development regulation,
revision, or amendment thereto, the Planning Board shall make and
transmit to the Township Council, within 35 days after referral, a
report, including recommendations concerning the proposed development
regulation, revision or amendment. The Township Council, when considering
the adoption of a development regulation, revision or amendment thereto,
shall review the report of the Planning Board and may disapprove or
change any recommendation by a vote of a majority of its full authorized
membership and shall record in its minutes the reasons for not following
such recommendations. Failure of the Planning Board to transmit its
report within the thirty-five-day period provided herein shall relieve
the Township Council from the requirements of this subsection in regard
to the proposed development regulation, revision or amendment thereto
referred to the Planning Board.
(2)
To review and advise as to any matter or class of
matters referred to the Planning Board before final action thereon
by a Township body or Township officer having final authority thereon.
Such reference shall not extend the time for action by the referring
body, whether or not the Planning Board has submitted its report.
Whenever the Planning Board shall have made a recommendation regarding
a matter authorized by this ordinance to another Township body, such
recommendation may be rejected only by a majority of the full authorized
membership of such other body.
(3)
Prior to the hearing on adoption of a zoning ordinance,
or any amendments thereto, the Township Council shall refer any such
proposed ordinance or amendment thereto to the Planning Board (N.J.S.A.
40:55D-26a and 55D-64).
(4)
Whenever the Planning Board shall have adopted any
portion of the Master Plan, the Township Council 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 municipal.
(5)
Prior to the hearing on the adoption of any official map or any amendment thereto, the Township Council shall refer the proposed official map or amendment to the Planning Board pursuant to § 175-21F(1) of this chapter (N.J.S.A. 40:55D-26a). This review shall take into account the provisions of § 175-13 of this chapter (N.J.S.A. 40:55D-32).
G.
Variances and issuance of permits; notice of hearing.
[Amended 11-21-1984 by Ord. No. O-26-84]
(1)
Whenever the proposed development requires approval pursuant to this chapter of a subdivision, site plan or conditional use, but not a variance pursuant to § 175-30A(4) (N.J.S.A. 40:55D-70d), the Planning Board shall have the power to grant to the same extent and subject to the same restrictions as the Board of Adjustment:
(a)
Variances pursuant to § 175-30A(3) of this chapter (N.J.S.A. 40:55D-70c).
(b)
To direct the issuance of a permit for a building
and/or structure in the bed of a mapped street or public drainageway,
flood control basin or public area reserved in accordance with N.J.S.A.
40:55D-32 and 40:55D-34. An affirmative vote of a majority of the
full authorized membership of the Planning Board is required.
(c)
To direct the issuance of a permit for a building
or structure not related to a street (N.J.S.A. 40:55D-36).
(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.
(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 Zoning Ordinance.
H.
Exceptions to performance and design standards; conditional
uses and site plans.
(1)
When acting upon applications for preliminary or minor subdivision approval or preliminary site plan approval, may grant such exceptions from the design and performance standards in Article XIII as may be reasonable and within the general purpose and intent of the provisions for review and approval of subdivisions and/or site plans if the literal enforcement of one or more provisions is impracticable or will exact undue hardship because of peculiar conditions pertaining to the land in question.
[Amended 11-21-1984 by Ord. No. O-26-84]
(2)
To review and approve or deny conditional uses or
site plans simultaneously with review for subdivision approval without
the developer being required to make further application to the Planning
Board, or the Planning Board being required to hold further hearings.
The longest time period for action by the Planning Board, whether
it be for subdivision, conditional use or site plan approval, shall
apply. Whenever approval of a conditional use is requested by the
developer pursuant to this subsection, notice of the hearing on the
plat shall include reference to the request for such conditional use.
(3)
Notwithstanding the aforementioned exceptions, no
such exception shall apply to Pinelands application requirements or
development standards nor shall it affect the Township's compliance
with the standards of the Pinelands Comprehensive Management Plan.
[Added 5-21-1990 by Ord. No. O-11-90]
A.
Minor subdivisions and minor site plans. Minor subdivision
approvals and minor site plan 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. Failure of the Board to act within the period
prescribed shall constitute approval, and a certificate of the Planning
Board Secretary as to the failure of the Board to act shall be issued
on request of the applicant, and it shall be sufficient in lieu of
the written endorsement or other evidence of approval herein required
and shall be accepted by the county recording office for purposes
of filing subdivision plats. 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 subdivision 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 Municipal Engineer and the Municipal
Tax Assessor.
B.
Major subdivisions, preliminary approval.
(1)
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 with 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,
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. Otherwise, the Planning Board
shall be deemed to have granted preliminary approval for either size
subdivision.
(2)
Failure of the Board to act within the period prescribed
shall constitute approval, and a certificate of the Planning Board
Secretary as to the failure of the Board to act shall be issued on
request of the applicant, and it shall be sufficient in lieu of the
written endorsement or other evidence of approval herein required
and shall be accepted by the county recording office for purposes
of filing subdivision plats.
C.
Major subdivisions, final approval.
(1)
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. Final approval
of a major subdivision shall expire 95 days from the date of signing
the plat unless within such period the plat shall have been duly filed
by the developer 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. Failure of the Planning Board to act within the period
prescribed shall constitute final approval, and a certificate of the
Planning Board Secretary as to the failure of the Planning Board to
act shall be issued on request of the applicant, and it shall be sufficient
in lieu of the written endorsement or other evidence of approval,
herein required, and shall be so accepted by the County Clerk for
purposes of filing subdivision plats.
(2)
Whenever review or approval of the application by
the County Planning Board is required by N.J.S.A. 40:27-6.3, in the
case of a subdivision, the Township Planning Board shall condition
any approval that it grants 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.
D.
Preliminary site plan approval. Upon the submission
of a complete application for a site plan for 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 the submission of a complete application for a site plan of 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. Otherwise, the Planning Board shall be deemed to have granted
preliminary approval of the site plan.
E.
Final site plan approval.
(1)
Final approval shall be granted or denied within 45
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 final approval,
and a certificate of the Planning Board Secretary as to the failure
of the Planning Board to act shall be issued on request of the applicant,
and it shall be sufficient in lieu of the written endorsement or other
evidence of approval, herein required, and shall be so accepted by
the County Clerk for purposes of filing subdivision plats.
(2)
Whenever review or approval of the application by
the County Planning Board is required by N.J.S.A. 40:27-6.6, the Planning
Board shall condition any approval that it grants 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.
F.
Conditional use approval.
(1)
Approval shall be granted or denied within 95 days
of submission of a complete application by a developer to the Planning
Board or within such further time as may be consented to by the applicant.
(2)
The review by the Planning Board of a conditional
use shall include any required site plan review pursuant to this chapter
(N.J.S.A. 40:55D-67). The time period for action by the Planning Board
on conditional uses pursuant to this section shall apply to such site
plan review. Failure of the Planning Board to act within the period
prescribed shall constitute approval of the application, and a certificate
of the Planning Board Secretary as to the failure of the Planning
Board to act shall be issued on request of the applicant, and it shall
be sufficient in lieu of the written endorsement or other evidence
of approval, herein required, and shall be so accepted by the county
recording officer for purposes of filing subdivision plats.
(3)
Whenever review or approval of the application by
the County Planning Board is required by N.J.S.A. 40:27-6.3, in the
case of a subdivision, or N.J.S.A. 40:27-6.6, in the case of a site
plan, the Township Planning Board shall condition any approval that
it grants 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.
G.
Ancillary powers. Whenever the Planning Board is called upon to exercise its powers as set forth in § 175-21G of this chapter, the Planning Board shall grant or deny approval of the application within 120 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 Planning Board Secretary as to the failure of the Planning Board to act shall be issued on request of the applicant.
H.
Pinelands Commission review. In the Pinelands Area of Monroe, notwithstanding the provisions of this section, where any approval results from the failure of the Planning Board to act within the prescribed period, the applicant shall provide notice to the Pinelands Commission, and the permit shall not become effective until the requisite time period for Commission review and action has lapsed in accordance with § 175-42D and E.
[Amended 10-3-1988 by Ord. No. O-21-88]
A.
In the performance of its historic-resource-preservation duties, in accordance with the provisions of § 175-110, the Planning Board shall also be guided by the following policies:
(1)
Discourage development that detracts from, encroaches
upon, damages or destroys the value of historic and archaeological
resources.
(2)
Encourage development that incorporates historic and
archaeological resources in adaptive reuse.
(3)
Conditionally accept new development in undeveloped
areas near historic and archaeological resources, provided that the
design of the proposed development is compatible with the appearance
of the historic or archaeological resource.
(4)
Be guided by the provisions of the Conservation Element
of the Monroe Township Master Plan (N.J.A.C. 7:50-6.141 through 6.149).
