[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, 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.
[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.
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 in accordance with the provisions of said ordinances and
the Municipal Land Use Law.
D. To approve conditional use applications in accordance
with the provisions of the Zoning Ordinance, provided that the Zoning Ordinance provides for such application
and such applications are made pursuant to N.J.S.A. 40:55D-67.
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.
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.