There is hereby established, pursuant to N.J.S.A.
40:55D-1 et seq., in the Borough, a Planning Board of nine members
and two alternate members consisting of the following classes:
A.
Regular members.
(1)
Class I. The Mayor of the Borough.
(2)
Class II. One of the officials of the Borough other
than a member of the Council, 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.
(3)
Class III. A member of the Council to be appointed
by it.
(4)
Class IV. Six other citizens of the Borough to be
appointed by the Council. The members of Class IV shall hold no other
Borough 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 is among the Class IV members of
the Planning Board 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 a Class II member of
the Planning Board.
B.
Alternate members.
(1)
Two alternate members shall be appointed to the Planning
Board by the Council. They shall meet all qualifications of Class
IV members. At the time of their appointment they shall be designated
by the Mayor as "Alternate No. 1" and "Alternate No. 2."
(2)
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.
A.
Regular members.
(1)
The term of the Class I member shall correspond with
his official tenure. The terms of the Class II and Class III members
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 shall also be a member of the Environmental Commission. The term
of a Class II or Class IV member who shall also be 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.
(2)
The term of a Class IV member who shall be also a
member of the Zoning Board of Adjustment or 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.
(3)
The terms of all Class IV members shall be for four
years except as otherwise hereinabove provided.
(4)
All terms shall run from January 1 of the year in
which the appointment is made. Any member, other than a Class I member,
after a public hearing if he requests one, may be removed by the Council
for cause.
B.
Alternate members. The terms of the alternate members
shall be for two years, except that the terms of the alternate members
shall expire in alternate years.
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.
The Planning Board may annually appoint and,
subject to the appropriation of funds, fix the compensation of the
Planning Board Attorney, who shall be an attorney other than the Borough
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 the amount appropriated
by the Council for its use.
[Added by Ord. No. 4-81; amended by Ord.
No. 10-84]
The Planning Board is authorized to adopt bylaws
governing its procedural operation. 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 Borough, including a specific
policy statement respecting its relationship to any areas outside
its boundaries which in the Board's judgment bear essentially upon
the planning of the Borough, in accordance with the provisions of
N.J.S.A. 40:55D-28.
B.
To administer the provisions of Chapter 208, Subdivision of Land and Site Plan Review, in accordance with the provisions of such chapter and the Municipal Land Use Law of 1975, 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 continuous planning process.
E.
To establish the Official Map, pursuant to an ordinance
of the Council, and recommend amendments to the same, pursuant to
N.J.S.A. 40:55D-32 and 40:55D-33.
F.
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-26(a), 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-26(b).
G.
Variance or direction for issuance of a permit.
(1)
Whenever the proposed development requires approval of a subdivision, site plan or conditional use, but not a variance pursuant to N.J.S.A. 40:55D-70(d), § 40-21A(4) of this chapter, to grant to the same extent and subject to the same restrictions as the Board of Adjustment:
(a)
Variances pursuant to N.J.S.A. 40:55D-70(c).
(b)
Direction pursuant to N.J.S.A. 40:55D-34 for
issuance of a construction 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.
(c)
Direction pursuant to N.J.S.A. 40:55D-36 for
issuance of a construction permit for a building or structure not
relating to a street.
(2)
Whenever relief is requested, pursuant to the provisions
of this subsection, notice of a hearing on the application for development
shall include reference to the request for variance or direction for
issuance of a construction permit, as the case may be.
(3)
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 the granting of all required subsequent approvals
by the Planning Board. No such subsequent approval shall be granted
unless 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.
H.
To perform other advisory duties, such as preparation
of capital improvement programs, 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.
[Amended by Ord. No. 9-82; Ord. No. 10-84;
Ord. No. 8A-87]
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 Borough
Engineer and the Borough Tax Assessor. Any such plat or deed shall
be signed by the Chairperson and Secretary of the Planning Board before
it is accepted for filing by the County Recording Officer. The provisions
of N.J.S.A. 40:55D-47(f) and (g) shall apply to any minor subdivision
approval granted by the Planning Board.
[Amended 6-28-1999 by Ord. No. 8-99]
B.
Preliminary approval of major subdivisions. Upon submission
of a complete application for a subdivision of 10 or fewer lots, 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. The provisions of N.J.S.A. 40:55D-49 shall apply
to any preliminary major subdivision approval granted by the Planning
Board.
[Amended 6-28-1999 by Ord. No. 8-99]
C.
Ancillary powers.
(1)
Whenever the Planning Board is called upon to exercise its ancillary powers before the granting of a variance, as set forth in § 40-10G, 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 administrative officer, or within such further time as may be consented to by the applicant.
(2)
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 in this chapter.
D.
Final approval of major subdivisions. 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. Final approval of a
major subdivision shall expire 95 days from the date of signing of
the plat unless within such period the plat has 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. The provisions of N.J.S.A. 40:55D-52 and 40:55D-54 shall
apply to any final major subdivision approval granted by the Planning
Board.
[Amended 6-28-1999 by Ord. No. 8-99]
E.
Site plan approval. Minor site plan approval shall
be granted or denied within 45 days of the date of the submission
of a complete application to the administrative officer. Minor site
plan approval shall be deemed to be final approval of the site plan
by the Planning Board, subject to any conditions that the Board may
impose.
(1)
Upon submission of a complete application for preliminary
approval for a major site plan for 10 acres or less, the Planning
Board shall grant or deny preliminary approval within 45 days of the
date of submission. Upon submission of a complete application for
preliminary approval for a major site plan for more than 10 acres,
the Planning Board shall grant or deny preliminary approval within
95 days of submission. Following preliminary approval, final approval
of a major site plan shall be granted or denied within 45 days of
submission of a complete application for final approval.
(2)
The time for Board decision may be extended by consent
of the applicant. Failure of the Planning Board to act within the
period prescribed shall constitute approval of the plan.
(3)
All necessary permits and approvals shall be obtained
before a construction permit may be issued and before construction
may commence.
(4)
The provisions of N.J.S.A. 40:55D-49 shall apply to
any preliminary major site plan approval granted by the Planning Board.
The provisions of N.J.S.A. 40:55D-52 shall apply to any final major
site plan approval granted by the Planning Board. The provisions of
N.J.S.A. 40:55D-46.1(c) shall apply to any minor site plan approval
granted by the Planning Board. Construction permits shall expire in
accordance with the applicable provisions of the Uniform Construction
Code.[1]
[Amended 6-28-1999 by Ord. No. 8-99]
F.
Failure of Planning Board to act. Failure of the Planning Board to act within the period set forth in Subsections A through E, whichever is appropriate, shall constitute the approval applied for, and a certificate by the administrative officer as to the failure of the Planning Board to act shall be issued upon request of the applicant, and it shall be sufficient in lieu of written endorsement or other evidence of approval.
G.
Completeness of applications. An application for development
shall be complete for purposes of commencing the applicable time period
for action by the Planning Board when so certified by the Planning
Board or its authorized designee.
(1)
In the event that the Planning Board or designee does
not certify the application to be complete within 45 days of the date
of its submission, the application shall be deemed complete upon the
expiration of the forty-five-day period for purposes of commencing
the applicable time period unless:
(a)
The application lacks information required by Chapter 208 of this Code for the particular type of application, which list of requirements shall be provided to the applicant; and
(b)
The Planning Board or its designee has notified
the applicant, in writing, of the deficiencies in the application
within 45 days of submission of the application.
(2)
The applicant may request that one or more of the
submission requirements be waived, in which event the Planning Board
shall grant or deny the request within 45 days. Nothing herein shall
be construed as diminishing the applicant's obligation to prove in
the application process that (s)he is entitled to approval of the
application. The Planning Board may subsequently require correction
of any information found to be in error and submission of additional
information not specified in the chapter or any revisions in the accompanying
documents as are reasonably necessary to make an informed decision
as to whether the requirements necessary for approval of the application
for development have been met. The application shall not be deemed
incomplete for lack of any such additional information or any revisions
in the accompanying documents so required by the Planning Board.
The Planning Board shall make available to the
Environmental Commission an informational copy of every application
for development submitted 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 these land use ordinances. 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.
[Added 6-28-1999 by Ord. No. 8-99]
If the Planning Board lacks a quorum because
any of its regular or alternate members is prohibited from acting
on a matter due to the member's personal or financial interests therein,
the provisions of N.J.S.A. 40:55D-23.2 shall apply.
