There is hereby established, pursuant to Ch. 291, P.L. 1975,[1] in the Township of Galloway a Planning Board of nine members
consisting of the following four classes:
A.
Class I: the Mayor. The term of the member composing
Class I shall correspond to the Mayor's officials tenure or, if the
member is the Mayor's designee in the absence of the Mayor, the designee
shall serve at the pleasure of the Mayor during the Mayor's official
term. The Mayor's designee may only be selected from members of the
sitting Council.
[Amended 7-27-2004 by Ord. No. 1573]
B.
Class II: one of the officials of the municipality
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 are 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.
[Amended 3-17-1980 by Ord. No. 615]
C.
Class III: a member of the governing body to be appointed
by it.
D.
Class IV: six other citizens of the municipality to
be appointed by the Mayor. The members of Class IV shall hold no other
municipal 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
or alternate 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 the Class II member of the Planning Board.
[Amended 3-17-1980 by Ord. No. 615]
E.
Alternate members. There shall be appointed alternate
members of the Planning Board not to exceed two in Class IV.
[Added 2-5-1979 by Ord. No. 577; amended 2-10-1998 by Ord. No. 1326]
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
A.
The term of the member composing Class I shall correspond
with his official tenure.
B.
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 is also a member of the Environmental Commission.
C.
The term of a Class II or a 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 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 the completion
of his Class IV term, whichever occurs first.
E.
The terms of all Class IV members first appointed
pursuant to this chapter shall be so determined that to the greatest
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 herein
provided.
F.
All terms shall run from January 1 of the year in
which the appointment was made.
G.
Alternate members of Class IV shall serve for terms
of two years; provided, however, that the initial terms of such members
shall be one and two years respectively. The alternate members of
Class IV shall be designated by the Chairman of the Planning Board
as "Alternate No. 1" and "Alternate No. 2" and shall serve in rotation
in the absence or disqualification of any regular member or member
of Class IV. Alternate members of each class shall be appointed by
the same appointing authority as regular members of that class.
[Added 2-5-1979 by Ord. No. 577; amended by 2-10-1998 by Ord. No. 1326]
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.
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.
There is hereby created the office of 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 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, however, exceed, exclusive of
gifts or grants, the amount appropriated by the governing body for
its use.
The Planning Board is authorized to adopt bylaws
governing its procedural operation. It shall also have the following
powers and duties:
A.
To make, adopt and from time to time amend a Master
Plan for the physical development of the township, including any areas
outside its boundaries, which in the Board's judgment bear essential
relation to the planning of the township, in accordance with the provision
of N.J.S.A. 40:55D-28.
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 municipal capital
improvement projects projected over a term of six years, and amendments
thereto, and recommend same to the governing body.
G.
To consider and make report to the governing body
within 35 days after 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 Township Council, pursuant to the provisions of N.J.S.A.
40:55D-26b.
H.
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:
(1)
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.
I.
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.
J.
At the request of the developer, the Planning Board
shall grant an informal review of the concept plan for a development
for which the developer intends to prepare and submit an application
for development. The developer shall not be required to submit any
fees for such an informal review. The developer shall not be bound
by any concept plan for which review is requested, and the Planning
Board shall not be bound by any such review.
[Added 3-17-1980 by Ord. No. 615]
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 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.
Preliminary approval of major subdivisions. Upon submission
of a complete application for a subdivision of between four and 10
lots, inclusive, 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. Otherwise, the Planning Board
shall be deemed to have granted preliminary approval for the subdivision.
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 Article I, § 59-7H, of this chapter, 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 prescribed 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 request of the applicant.
D.
Final approval.
(1)
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)
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 Municipal Engineer and the Municipal Tax Assessor.
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.
All approvals shall be filed as provided by law by
the Secretary of the Planning Board, at the expense of the applicant.
[Amended 3-17-1980 by Ord. No. 615]
Applications for development within the jurisdiction of the Planning Board, pursuant to the provisions of Ch. 291, P.L. 1975, shall be filed with the Secretary of the Planning Board. The applicant shall file, at least 14 days before the date of the monthly meeting of the Board, nine copies of a sketch plat, nine copies of applications for minor subdivision approval, nine copies of an application for major subdivision approval or nine copies of an 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 provision 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. If the application for development is found to be incomplete, the developer shall be notified in writing of the deficiencies therein by the Board or the Board's designee for the determination of completeness within 45 days of submission of such application, or it shall be deemed to be properly submitted.
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 Council.
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 informational copy available to the Environmental Commission
shall not invalidate any hearing or proceeding.
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.