A. 
Pursuant to N.J.S.A. 40:55D-1 et seq., there is hereby established in the Township of Washington, Gloucester County, a Planning Board of nine members consisting of the following four classes:
(1) 
Class I: the Mayor, or the Mayor's designee in the absence of the Mayor.
[Amended 3-12-2003 by Ord. No. 4-2003]
(2) 
Class II: one of the officials of the Township other than a member of the Council, 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 N.J.S.A. 40:56A-1, shall be deemed to be the Class II Planning Board member if there are 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 Council, to be appointed by it.
(4) 
Class IV: six other citizens of the Township to be appointed by the Mayor.
B. 
The members of Class IV shall hold no other Township 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 Planning Board member unless there are 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 a Class II member of the Planning Board.
A. 
The term of the member composing Class I shall correspond with his/her 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 shall also be 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/her 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 Zoning Board of Adjustment or the Board of Education shall terminate whenever he/she is no longer a member of such other body, or at the completion of his/her Class IV term, whichever occurs first.
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 term shall be evenly distributed over the first four years after their appointment, as determined by resolution of the Council; provided, however, that no term of any member shall exceed four years. Thereafter all Class IV members shall be appointed for terms of four years, except as otherwise hereinabove provided.
D. 
All terms shall run from January 1 of the year in which the appointment is made. Any member other than a Class I member, after a public hearing if he/she requests one, may be removed by the Council for cause.
There is hereby created alternate members of Class II, III and IV of the Planning Board. Such alternate members shall not exceed one in Class II, one in Class III and two in Class IV. Alternate members of Class II and Class III shall be appointed for terms to expire at the same time as the terms for regular members of their respective classes. Alternate members of Class IV shall serve for terms of two years; provided, however, that in the event that two alternate members of Class IV are appointed, the initial term of such members shall be one and two years, respectively. Such alternate members shall be designated by the chairperson as "Alternate No. 1" and "Alternate No. 2" and shall serve in rotation during the absence or disqualification of any regular member or members of Class IV. Alternate members of each class shall be appointed by the same appointing authority as regular members of that class.
If a vacancy in any class occurs other than by expiration of term, it shall be filled by appointment, as above provided, for the unexpired term.
The Planning Board shall select a Chairperson and Vice Chairperson from the members of Class IV, and shall also select a Secretary, who may or may not be a member of the Planning Board or a Township employee, designated by it. The Secretary shall be designated the administrative officer of the Planning Board.
There is hereby created the office of the 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 Township 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 exceed, however, exclusive of gifts or grants, the amount appropriated by the Council for its use.
If the Planning Board lacks a quorum because any of its regular or alternate members is by N.J.S.A. 40:55D-23 or N.J.S.A. 40:55D-23.1 from acting on a matter due to the member's personal or financial interests therein, regular members of the Board of Adjustment shall be called upon to serve, for that matter only, as temporary members of the Planning Board in order of seniority of continuous service to the Board of Adjustment until there are the minimum number of members necessary to constitute a quorum to act upon the matter without any personal or financial interest therein, whether direct or indirect. If a choice has to be made between regular members of equal seniority, the Chairperson of the Board of Adjustment shall make the choice.
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
The Board shall adopt such rules and regulations as may be necessary to carry into effect the provisions and purposes of the land use chapters of the Code. 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. 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 Township, including consideration of any areas outside its boundaries which, in the Board's judgment, bear essential relation to the planning of the Township in accordance with the provisions of N.J.S.A. 40:55D-28.
B. 
To administer the provision of the land use chapters of this Code, as same may be amended, in accordance with the provisions of such chapters, the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., and all other powers provided in the Municipal Land Use Law.
C. 
To approve conditional use applications in accordance with the provisions of Chapter 285, Zoning, pursuant to N.J.S.A. 40:55D-67.
D. 
To participate in the preparation and review of programs or plans required 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 Township capital improvement projects projected over a term of six years, and amendments thereto, when authorized by the Township Council, pursuant to the provisions of N.J.S.A. 40:55D-29.
G. 
To consider and report to the Council within 35 days of 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 Council, pursuant to the provisions of N.J.S.A. 40:55D-26b.
H. 
When reviewing applications for approval of a subdivision, site plan or conditional uses, to grant variances, to the same extent and subject to the same restrictions as the Zoning Board of Adjustment, pursuant to N.J.S.A. 40:55D-57e, from lot area, lot dimensional, setback and yard requirements, provided that such relief from lot area requirements shall not be granted for more than one lot, and to have such other powers as provided in N.J.S.A. 40:55-60. 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.
I. 
To perform other advisory duties as may be assigned to it by ordinance or resolution of the Council for the aid and assistance of the Council or other agencies or officers.
A. 
Minor subdivisions. Minor subdivision 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. 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, N.J.S.A. 46:23-9.9 et seq., or a deed clearly describing the approved minor subdivision, is filed by the developer with the county recording officer, the Township Engineer and the Township Tax Assessor. Any such plat or deed shall be signed by the Chairperson 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 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 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.
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 § 125-9H, the Planning Board shall grant or deny approval of the application within 120 days after submission by a developer of a complete application, or within such further time as may be consented to by the applicant.
D. 
Final approval of major subdivisions.
(1) 
Granting or denial. Application for 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.
(2) 
Expiration. Final approval of a major subdivision shall expire 95 days from the date of signing of the plat, unless, within such period, the plan 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 signing of the plat.
E. 
Site plan Approval.
(1) 
Minor site plan approval shall be granted or denied within 45 days of the date of the submission of a complete application to the administrative officer, or within such further time as may be consented to by the applicant. Minor site plan approval shall be deemed to be final approval of the site plan by the Planning Board, subject to any conditions that the Board may impose.
(2) 
Upon submission of a complete application for preliminary approval for a major site plan for 10 acres or less, the Planning Board shall grant or deny preliminary approval within 45 days of the date of submission, or within such further time as may be consented to by the applicant. Upon submission of a complete application for preliminary approval for a major site plan for more than 10 acres, the Planning Board shall grant or deny preliminary approval within 95 days of submission, or within such further time as may be consented to by the applicant. Following preliminary approval, final approval of a major site plan shall be granted or denied within 45 days of submission of a complete application for final approval.
F. 
Failure of Planning Board to act. Failure of the Planning Board to act within the period set forth in Subsections A through E above, whichever is appropriate, shall constitute the approval applied for, and a certificate by the administrative officer as to the failure of the Planning Board to act shall be issued upon request of the applicant. Such certificate shall be sufficient evidence of approval in lieu of written endorsement or other evidence of approval.
G. 
Completeness of application.
(1) 
An application for development shall be complete for purposes of commencing the applicable time period for action by the Planning Board when so certified by the Planning Board or its authorized designee. In the event that the Planning Board or designee does not certify the application to be complete within 45 days of the date of its submission, the application shall be deemed complete upon the expiration of the forty-five-day period for purposes of commencing the applicable time period unless:
(a) 
The application lacks information required by the specific land development chapter of this Code for the particular type of application, which list of requirements shall be provided to the applicant; and
(b) 
The Planning Board or its designee has notified the applicant, in writing, of the deficiencies in the application within 45 days of submission of the application.
(2) 
The applicant may request that one or more of the submission requirements be waived, in which event the Planning Board shall grant or deny the request within 45 days. Nothing herein shall be construed as diminishing the applicant's obligation to prove in the application process that he/she is entitled to approval of the application. The Planning Board may subsequently require correction of any information found to be in error and submission of additional information not specified in the ordinance or any revisions in the accompanying documents, as are reasonably necessary to make an informed decision as to whether the requirements necessary for approval of the application for development have been met. The application shall not be deemed incomplete for lack of any such additional information or any revisions in the accompanying documents so required by the Planning Board.
Applications for development within the jurisdiction of the Planning Board shall be filed with the Secretary of the Planning Board. Applicants 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 the application for minor subdivision approval; three copies of the application for major subdivision approval or three copies of the 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 provisions 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.