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.
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.
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.