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.
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 of the municipality in accordance with the provisions
of said ordinances and with N.J.S.A. 40:55D-1 et seq.
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.
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 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.