[1]
Editor's Note: See also Ch. 3, Administration of Government, § 3-45.
[Amended 11-19-1990 by Ord. No. 14-1990; 8-15-1994 by Ord. No. 10-1994; 5-4-1995 by Ord. No. 4-1995]
There is hereby established in the Township of Byram, pursuant to the Municipal Land Use Law,[1] a Planning Board consisting of nine members divided into four classes as follows:
A. 
Class I: Mayor.
[Amended 6-4-2001 by Ord. No. 7-2001]
B. 
Class II: one official of the municipality other than a member of the governing body, appointed by the Mayor.
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 Council. The members of Class IV shall hold no other municipal office, position or employment. 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 shall be a Class IV Planning Board member.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
[Added 11-19-1990 by Ord. No. 14-1990; amended 8-15-1994 by Ord. No. 10-1994]
The Council may appoint up to two alternate members of the Planning Board, who shall be designated at the time of their appointment as "Alternate No. 1" and "Alternate No. 2," and who shall serve for terms of two years, staggered in accordance with N.J.S.A. 40:55D-23.1. Such alternate members shall have those powers and duties prescribed by the Municipal Land Use Law.[1]
[1]
See N.J.S.A. 40:55D-1 et seq.
A. 
The term of the member composing Class I shall correspond with his or her official tenure. The terms of the members composing Class II and Class III shall be for one year or shall terminate at the completion of their respective terms of office, whichever shall first occur, except for the 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 shall terminate at the completion of his or her term of office as a member of the Environmental Commission, whichever shall first occur.
B. 
The term of a Class IV member who is also a member of the Board of Education shall terminate whenever he or she is no longer a member of such body or at the completion of his or her Class IV term, whichever shall first occur.
[Amended 5-4-1995 by Ord. No. 4-1995]
C. 
The terms of all Class IV members first appointed pursuant to this section shall be so determined that, to the greatest practicable extent, the expiration of such terms shall be evenly distributed over the first four years after their appointments, 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 terms of any present members 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 herein provided.
D. 
All terms as mentioned herein shall commence from July 1 next preceding the date of appointment, notwithstanding the date of the actual appointment.
[Amended 3-18-1991 by Ord. No. 5-1991]
The vacancy of any class of the Planning Board which shall occur otherwise than by expiration of term shall be filled by appointment as above provided for the unexpired term.
Any member of the Planning Board other than a Class I member, after a public hearing if he or she 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 shall 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 shall 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. Any compensation shall be in accordance with the amount budgeted for that office by the governing body.
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 exceed, however, exclusive of gifts and/or grants, the amount appropriated by the governing body for its use.
The Board shall adopt such rules and regulations as may be necessary to carry into effect the provisions and purposes of this chapter. The Board shall also have the following powers and duties:
A. 
To make and adopt and from time to time amend the Master Plan for the physical development of the Township, 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. 
To review, at least every six years, the Master Plan and development regulations of the Township, as directed by the Township Council.
C. 
To administer the provisions of the Land Subdivision Ordinance and Site Plan Review Ordinance of the Township[1] in accordance with the provisions of said ordinances and the Municipal Land Use Law.
[1]
Editor's Note: See Ch. 215, Subdivision and Site Plan Review.
D. 
To approve conditional use applications in accordance with the provisions of the Zoning Ordinance,[2] provided that the Zoning Ordinance provides for such application and such applications are made pursuant to N.J.S.A. 40:55D-67.
[2]
Editor's Note: See Ch. 240, Zoning.
E. 
To participate in the preparation and review of programs or plans required by state or federal laws or regulations.
F. 
To assemble data on a continuing basis as part of a continuous planning process.
G. 
To annually prepare a program of municipal capital improvement projects projected for a term of six years, and amendments thereto, and recommend the same to the governing body in accordance with N.J.S.A. 40:55D-29.
H. 
To consider and make reports 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 governing body pursuant to the provisions of N.J.S.A. 40:55D-26b.
I. 
Whenever the proposed development requires approval of a subdivision, site plan, conditional use or use variance pursuant to N.J.S.A. 40:55D-70d, to grant variances pursuant to N.J.S.A. 40:55D-70 and further to perform all the powers of the Zoning Board of Adjustment as provided in Article 9 of the Municipal Land Use Law, N.J.S.A. 40:55D-70, 40:55D-70.1, 40:55D-70.2, 40:55D-72, 40:55D-72.1, 40:55D-73, 40:55D-74, 40:55D-75 and 40:55D-76A(1) and (2).
[Amended 11-19-1990 by Ord. No. 14-1990; 5-4-1995 by Ord. No. 4-1995]
J. 
To perform such other advisory duties as are assigned to it by ordinance or resolution of the Township Council for the information and assistance of the Council or other agencies or offices.
A. 
Minor subdivisions. Minor subdivision 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. Approval of a minor subdivision shall expire 190 days from the date of Planning Board approval, unless within such period of time 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 Municipal Engineer and the Municipal 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.
B. 
Preliminary approval of major subdivisions. Upon submission of a completed 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 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, 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 the subdivision.
C. 
Final approval.
(1) 
Application for final subdivision approval shall be granted or denied within 45 days of the date of the submission of a complete application or within such further time as may be consented to by the applicant.
(2) 
Final approval of a major subdivision shall expire 95 days from the date of the signing of the plat, unless within such period the plat shall be 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 signing of the plat.
A. 
Applications for development within the jurisdiction of the Planning Board shall be filed with the Secretary of the Planning Board, who is hereby designated as the administrative officer of the Planning Board. The applicant shall file, at least 28 days before the date of the monthly meeting of the Board, 12 copies of the sketch plat, six copies of the application for sketch plat approval, six copies of the application for minor subdivision approval, six copies of the application for major subdivision approval (either preliminary or final) and six copies of the application for site plan review, conditional use approval or planned development.[1] In addition to the above-required applications, the developer shall file four copies of the County Planning Board application for development, which application shall be filed simultaneously with the applications to the Planning Board. At the time of filing the application, the applicant shall also file all plot plans, maps or other papers required by virtue of any provisions of this chapter, any rule of the Planning Board or any provisions of the Municipal Land Use Law. 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 the application and of the regular meeting dates of the Board.
[1]
Editor's Note: See also Ch. 215, Subdivision and Site Plan Review, § 215-6.
B. 
Submission procedures. All materials required to be submitted to the Township or to any agency of the Township under this chapter shall be submitted to the Planning Board Secretary. Materials which must be received by a particular date under this chapter must be received by the Secretary prior to 4:00 p.m. on that date or, if that date is a Saturday, Sunday or a holiday, before 4:00 p.m. on the first working day prior to that date.
[Added 9-7-1993 by Ord. No. 5-1993]
C. 
Submission format. Reports and other written materials shall be on paper, 8 1/2 inches by 11 inches, bound within a loose-leaf notebook or with a spiral binding. Maps, unless otherwise approved by the Planning Board in writing, shall be at a scale of one inch equals 200 feet for sites of more than 50 acres and a scale of one inch equals 100 feet for sites of 50 acres or less for the concept and the preliminary plan submission. All map submissions for final plan submission shall be at a scale of one inch equals 40 feet. All such maps shall be of a size consistent with N.J.S.A. 46:23-9.11b. The applicant shall submit 12 copies of all reports and maps required under this section.
[Added 9-7-1993 by Ord. No. 5-1993]
The Mayor may appoint one or more persons as a Citizens' Advisory Committee to assist or collaborate with the Planning Board in its duties, and such person or persons shall have no power to vote or take other action required by the Board. Such person or persons shall serve at the pleasure of the Mayor.
[Amended 11-19-1990 by Ord. No. 14-1990; 5-4-1995 by Ord. No. 4-1995]
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 Board. Failure of the Board to make such informational copy available to the Environmental Commission shall not invalidate any hearing or proceeding.