Borough of South River, NJ
Middlesex County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
There is hereby established, pursuant to N.J.S.A. 40:55D-23, in the Borough of South River, a Planning Board of nine members consisting of the following four classes:
A. 
Class I: the Mayor, or Mayor's designee in the absence of the Mayor (N.J.S.A. 40-55D-23a).
B. 
Class II: one of the officials of the Borough 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 N.J.S.A. 40:56A-1 shall be deemed to be the Class II Planning Board member if there is both a member of the Zoning Board of Adjustment and a member of the Board of Education among the Class IV members or alternate members.
C. 
Class III: a member of the governing body, to be appointed by it.
D. 
Class IV: six other citizens of the Borough, to be appointed by the Mayor. The members of Class IV shall hold no other municipal office, position or employment, except that one member may be a member of the Zoning Board of Adjustment. 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 he or she is among the Class IV, or alternate, members, 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 the Class II member of the Planning Board. For the purpose of this section, membership on a municipal board or commission whose function is advisory in nature, and the establishment of which is discretionary and not required by statute, shall not be considered the holding of municipal office.
A. 
The term of the member composing Class I shall correspond with the Mayor's official tenure, or if the member is the Mayor's designee, the designee shall server at the pleasure of the Mayor during the Mayor's official tenure.
B. 
The term 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 comes first, except for a Class II member who is also a member of the Environmental Commission.
C. 
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 in office as a member of the Environmental Commission, whichever comes first.
D. 
The term of a Class IV member who is also a member of the Board of Adjustment or the Board of Education shall terminate whenever he is no longer a member of such other body or at completion of his Class IV term, whichever comes first.
E. 
The terms of all Class IV members first appointed pursuant to this chapter shall be so determined that, to the greater practicable extent, the expiration of such terms shall be evenly distributed over the first four years after their appointment 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 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. Thereafter all Class IV members shall be appointed for terms of four years except as otherwise provided herein.
F. 
All terms shall run from January 1 of the year in which the appointment was made, except as otherwise specified herein.
G. 
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.
H. 
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.
A. 
There shall be two alternate members of the Planning Board who shall be appointed by the Mayor and shall meet the qualifications of Class IV members of the Planning Board. Said alternates shall be designated at the time of their appointment 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 approving authority for the unexpired term only.
B. 
No alternate member shall be permitted to act on any matter on 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. Alternate members may participate in discussions of the proceedings but may not vote except in the absence or disqualification of a regular member. 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.
If a vacancy of any class shall occur otherwise than by expiration of term, it shall be filled by appointment as above provided for the unexpired term.
All regular and alternate members of the Planning Board shall be required to successfully complete a course in land use law and planning which has been authorized by the New Jersey Commissioner of Community Affairs and/or New Jersey planning officials within 18 months of assuming Board membership. No new member of the Planning Board shall be seated as a first-term member or alternate member of the Planning Board unless the person agrees to complete the basic course required and complete that course within 18 months of assuming Board membership. The Mayor or Class I member, a member of the governing body serving as a Class III member, and any person licensed as professional planner shall be exempt from this requirement.
The Planning Board shall elect a Chairman and Vice Chairman from the members of Class IV, select a Secretary who may be either a member of the Planning Board or a municipal employee, and create and fill such other offices as established by ordinance.
There is hereby created the position of Planning Board Attorney. The Planning Board shall annually appoint and fix the compensation of the Planning Board Attorney for all legal service, including, but not limited to, regular and special meetings of the Board, litigation, and such other legal services as may be deemed necessary by the Board. The Board Attorney shall be an attorney other than the Municipal Attorney or Zoning Board of Adjustment Attorney. The Board shall not, however, exceed, exclusive of gifts or grants, the amount appropriated by the governing body for its use.
The Planning Board may also employ or contract for services of planning and/or engineering consultants and their staff and other services as it may deem necessary. The Board shall not, however, exceed, exclusive of gifts or grants, the amount appropriated by the governing body for its use. The Planning Board may also employ or contract for services of a Board Secretary. The Board shall not exceed the amount appropriated by the governing body for its use.
The Board shall adopt bylaws governing its procedural operation and such rules and regulations as may be necessary to carry into effect the provisions and purpose of this chapter. 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.
The Planning Board shall have such powers as are granted by law:
A. 
To make and adopt, and from time to time, amend a Master Plan for the physical development of the municipality, including in its consideration 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-1 et seq.
B. 
To administer the provisions of the Land Development Ordinance[1] of the municipality in accordance with the provisions of said ordinances and with N.J.S.A. 40:55D-1 et seq.
[1]
Editor's Note: See Ch. 350, Zoning.
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 continuing planning process.
E. 
To annually prepare a program of municipal capital improvements and projects projected over a term of six years, and amendments thereto, and recommend same to the governing body.
F. 
To consider and make report to the governing body within 35 days after referral as to any proposed development regulations submitted to it pursuant to the provisions of N.J.S.A. 40:55D-26b.
G. 
The Planning Board, when reviewing applications for approval of subdivision plans, site plans or conditional uses, shall have the power to grant to the same extent and subject to the same restrictions as the Board of Adjustment, provided no variance under N.J.S.A. 40:55D-70d is required:
(1) 
Grant variances, pursuant to Section 57c of Chapter 291 of the Laws of New Jersey, 1975 (N.J.S.A. 40:55D-70c), from lot area, lot dimension, setback and yard requirements, etc.
(2) 
Direction, pursuant to Section 25 (N.J.S.A. 40:55D-34), for issuance of a permit for a building or structure in the bed of a mapped street or public drainageway, flood-control basin or public area reserved pursuant to Section 23 (N.J.S.A. 40:55D-32).
(3) 
Direction, pursuant to Section 27 (N.J.S.A. 40:55D-36), for issuance of a permit for a building or structure not related to a street.
(4) 
Whenever relief is requested pursuant to this subsection, notice of a hearing on the application for development shall include references to the request for a variance or direction for issuance of a permit, as the case may be.
H. 
The Planning Board shall perform such other advisory duties as are assigned to it by ordinance or resolution of the governing body for the aid and assistance of the governing body or other municipal agencies or offices.
I. 
To hold hearings on any application to establish any residential housing facilities pursuant to Senate Bill No. 210, for the developmentally disabled, and to approve any such application by resolution, setting forth the terms and conditions of the approved.
J. 
Hear and decide requests for interpretation of all Borough ordinances related to the powers, functions and duties generally performed by the Planning Board, other than the Zoning Ordinance.[2]
[2]
Editor's Note: See Ch. 350, Zoning.
Whenever the Environmental Commission[1] 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 Planning Board. Failure of the Planning Board to make such an informational copy available to the Environmental Commission shall not invalidate any hearing or proceeding.
[1]
Editor's Note: See Ch. 22, Art. IV, Environmental/Shade Tree Commission.
A. 
Minor subdivision and minor site plans. Minor subdivision 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 Planning Board to act within the prescribed forty-five-day period shall constitute minor subdivision. Minor subdivisions 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 Borough Engineer and the Borough 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.
(1) 
The zoning requirements and general terms and conditions, whether conditional or otherwise, upon which minor subdivision approval was granted shall not be changed for a period of two years after the date on which the resolution of minor subdivision approval is adopted, provided that the approved minor subdivision shall have been duly recorded as provided in this subsection.
(2) 
The Planning Board may extend the one-hundred-ninety-day period for filing a minor subdivision plat or deed pursuant to § 295-24 and/or § 295-27 if the developer proves to the reasonable satisfaction of the Planning Board that 1) the developer was barred or prevented, directly or indirectly, from filing because of delays in obtaining legally required approvals from other governmental or quasi-governmental entities, and 2) the developer applied promptly for and diligently pursued the required approvals. The length of the extension shall be equal to the period of delay caused by the wait for the required approvals, as determined by the Planning Board. The developer may apply for the extension either before or after what would otherwise be the expiration date.
(3) 
The Planning Board shall grant an extension of minor subdivision approval for a period determined by the Board but not exceeding one year from what would otherwise be the expiration date, if the developer was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally required approvals from other governmental entities and that the developer applied promptly for and diligently pursued the required approvals. A developer shall apply for the extension before what would otherwise be the expiration date of minor subdivision approval or the 91st day after the developer receives the last legally required approval from the other government entities, whichever occurs later.
B. 
Preliminary approval of major subdivisions and major site plans. Upon submission of a complete application for a subdivision of 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 submission of a complete application for a subdivision of more than 10 acres or more than 10 dwelling units, the Planning Board shall grant or deny preliminary approval within 95 days 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 or site plan.
C. 
Ancillary powers. Whenever the Planning Board is called upon to exercise it ancillary powers before the granting of a variance as set forth in § 50-10G, the Planning Board shall grant or deny approval of the application within 95 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 described shall constitute approval of the application, and a certificate of the administrative officer, as to the failure of the Planning Board to act, shall be issued on the request of the applicant.
D. 
Final approval.
(1) 
Application for final subdivision approval or site plan 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. Failure of the Planning Board to act within the period prescribed shall constitute final approval.
(2) 
Final approval of a major subdivision shall expire 95 days from the date of signing of 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 signing of the plat.
(3) 
The Planning Board may extend the 95 days or the one-hundred-ninety-day period if the developer proves to the reasonable satisfaction of the Planning Board that (1) the developer was barred or prevented, directly or indirectly, from filing because of delays in obtaining legally required approvals from other governmental or quasi-governmental entities, and (2) the developer applied promptly for and diligently pursued the required approvals. The length of the extension shall be equal to the period of delay caused by the wait for the required approvals, as determined by the Planning Board. The developer may apply for the extension either before or after what would otherwise be the expiration date.