[Amended by Ord. No. 92-02]
A.
A Planning Board is hereby established pursuant to
N.J.S.A. 40:55D-2 et seq. and amendments thereto in the Township of
West Amwell, consisting of nine members and comprised of the following
four classes:
(1)
Class I: the Mayor.
(2)
Class II: one of the officials of the municipality
other than a member of the governing body, to be appointed by the
Mayor.
(3)
Class III: a member of the governing body, to be appointed
by it.
(4)
Class IV: a member of the Environmental Commission
and five citizens of the community to be appointed by the Mayor.
B.
The members of Class IV may hold no other municipal
office, except as provided in N.J.S.A. 40:55D-23.
C.
The Mayor may appoint to the Planning Board two alternate
members who shall meet the qualifications of Class IV members. Alternate
members shall be designated at the time of appointment by the Mayor
as "Alternate No. 1" and "Alternate No. 2."
A.
Terms.
(1)
The term of the member composing Class I shall correspond
with his official tenure.
(2)
The term of the member composing Class II shall be
for one year or terminate at the completion of his or her respective
term of office, whichever occurs first.
(3)
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 of office as a member of
the Environmental Commission, whichever occurs first.
(4)
The terms of Class IV members first appointed pursuant
to this chapter shall be so determined that to the greatest practicable
extent the expiration of such term shall be distributed evenly 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 terms
for which they were appointed. Thereafter, all Class IV members shall
be appointed for terms of four years, except as otherwise hereinabove
provided.
(5)
All terms shall run from January 1 of the year in
which the appointment is made.
B.
Alternate members:
(1)
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.
(2)
No alternate member shall be permitted to act on any
matter in which he has either directly or indirectly any personal
or financial interest.
(3)
Alternate members may participate in discussions of
the proceedings but may not vote except in the absence or disqualification
of a regular member of any class. 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 any vacancy in any class shall occur otherwise
than by expiration of term, it shall be filled by appointment as above
provided for the unexpired term. 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.
At the Board's first meeting following January
1 of each year, the Planning Board shall elect a Chairman and Vice
Chairman from the members of Class IV and select a Secretary who may
be either a member of the Planning Board or a municipal employee designated
by it. These officers shall serve for the calendar year and until
their successors have been duly elected, or, in the case of the Secretary,
until a successor has been appointed.
There is hereby created the office of the Planning
Board Attorney. The Planning Board may annually appoint, 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. The Board
shall not exceed, exclusive of gifts or grants, the amount appropriated
by the governing body for its use.
A.
The Planning Board may also employ or contract for
and fix the compensation of or agree upon the rate of compensation
of the services of experts and other staff and services as it may
deem necessary. The Board shall not exceed, exclusive of gifts or
grants, the amount appropriated by the governing body for its use.
B.
The Board may also employ experts to study, review
and provide testimony on elements of a specific development application
should it be determined that such additional professional expertise
is necessary for the Board to make a judgment on the application.
The cost of such professional services shall be paid for by the applicant
to the Township Treasurer and shall be placed in the appropriate account.
The Board shall adopt such rules and regulations
as may be necessary to carry into effect the provisions and purposes
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.
A.
The Planning Board is authorized to adopt bylaws governing
its procedural operation. It shall also have the following powers
and duties:
(1)
To prepare and, after public hearing, adopt or amend
a Master Plan, or component parts thereof, to guide the use of lands
within the municipality in a manner which protects public health and
safety and promotes the general welfare pursuant to N.J.S.A. 40:55D-28
and amendments thereto.
(2)
To administer the provisions of the site plan review
and subdivision controls of the West Amwell Township Land Development
Ordinance, in accordance with the provisions of said ordinance and
pursuant to Article Six of the Municipal Land Use Law of 1975, N.J.S.A.
40:55D-1 et seq.
(3)
To annually prepare a program of municipal capital
improvements projected over a term of at least six years, and amendments
thereto, pursuant to Article Four of the Municipal Land Use Law of
1975, N.J.S.A. 40:55D-1 et seq., and recommend same to the governing
body.
(4)
To prepare and transmit a report to the governing
body within 35 days after referral as to any proposed development
regulation revision or amendment thereto submitted to it pursuant
to the provisions of N.J.S.A. 40:55D-26a. This report shall include
an identification of any provisions in the proposed development regulation
revision or amendment which are inconsistent with the Master Plan;
and recommendations concerning these inconsistencies and any other
matters as the Board deems appropriate. The Planning Board may also
review, prepare and transmit a report on any other matters specifically
referred to the Planning Board by the Township Committee before final
action by the Township Committee, pursuant to N.J.S.A. 40:55D-26b.
(5)
When reviewing applications for approval of subdivision
plats, site plans or conditional uses, to grant, to the same extent
and subject to the same restrictions as the Zoning Board of Adjustment.
(a)
Variances pursuant to N.J.S.A. 40:55D-70c, 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.
(b)
Direction pursuant to 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 N.J.S.A. 40:55D-32; and
(c)
Direction pursuant to N.J.S.A. 40:55D-36 for
issuance of a permit for a building or structure not related to a
street.
(d)
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 or direction
for issuance of a permit as the case may be.
(e)
The developer may elect to submit a separate
application requesting approval of the variance or direction of the
issuance of a permit and a subsequent application for any required
approval of a subdivision, site plan or conditional use. The separate
approval of the variance or direction of the issuance of a permit
shall be conditioned upon grant of all required subsequent approvals
by the Planning Board. No such subsequent approval shall be granted
unless the approval can be granted without substantial detriment to
the public good and without substantial impairment of the intent and
purpose of the zone plan and zoning ordinance.
(6)
To participate in the preparation and review of programs
or plans required of the Planning Board by state or federal law or
regulations.
(7)
To assemble data on a continuing basis as part of
a continuous planning process.
(8)
To 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 agencies or officers.
A.
Minor subdivision applications.
(1)
Minor subdivision approval 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.
(2)
Failure of the Planning Board to act within the period
prescribed shall constitute minor subdivision approval and a certificate
of the Planning Board Secretary as to the failure of the Planning
Board to act shall be issued on request of the applicant.
(3)
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, or a deed clearly describing the approved minor subdivision,
is filed by the developer with the county recording officer, the Municipal
Engineer and the Municipal 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.
B.
General development plan applications. The Planning
Board shall grant or deny general development plan approval within
95 days after submission of a complete application to the Planning
Board Secretary, 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 general development plan approval
of the planned development.
C.
Preliminary major site plan or subdivision applications.
(1)
Upon submission of a complete application to the Planning
Board Secretary for a subdivision of 10 or fewer lots or of a site
plan involving 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.
(2)
Upon submission of a complete application for a subdivision
of more than 10 lots, or for a site plan involving more than 10 acres
or more than 10 dwelling units, 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.
Otherwise, the Planning Board shall be deemed to have granted preliminary
approval for the subdivision.
D.
Ancillary powers. Whenever an application for approval
of a subdivision plat, site plan or conditional use includes a request
for relief pursuant to this chapter, the Planning Board shall grant
or deny approval of the application within 120 days after submission
by a developer of a complete application to the Planning Board Secretary
or within such further time as may be consented to by the applicant.
In the event that the developer elects to submit separate consecutive
applications, the aforesaid provision shall apply to the application
for approval of the variance or direction for issuance of a permit.
The period for granting or denying any subsequent approval shall be
as otherwise provided for in N.J.S.A. 40:55D-1 et seq. Failure of
the Planning Board to act within the period prescribed shall constitute
approval of the application and a certificate of the Planning Board
Secretary as to the failure of the Planning Board to act shall be
issued on request of the applicant.
E.
Final major site plan or subdivision applications.
(1)
Application for final subdivision or site plan approval
shall be granted or denied within 45 days of submission of a complete
application to the Planning Board Secretary, 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
and a certificate of the Planning Board Secretary as to the failure
of the Planning Board to act shall be issued on the request of the
applicant.
(2)
The signatures of the Secretary and Chairman of the
Planning Board shall not be affixed until the developer has posted
the required maintenance and performance guarantees. Final approval
of a major subdivision shall expire 95 days from the date of signing
of the plat unless within such period the plat in conformity with
such approval and with the provisions of the Map Filing Law is filed
by the developer with the county recording officer and the Municipal
Engineer. 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 the signing of the plat.
The Mayor may appoint one or more persons as
a Citizens' Advisory Committee to assist or collaborate with the Planning
Board in its duties, but such person or persons shall have no power
to vote or take other action required of the Board. Such person or
persons shall serve at the pleasure of the Mayor.
