[Amended 1-14-1980]
A.
There is hereby established in the Borough of Andover,
pursuant to N.J.S.A. 40:55D-1 et seq., as amended, a Planning Board
of nine members, consisting of the following classes:
[Amended 12-29-1986 by Ord. No. 234]
(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, provided that 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 in the event
that there is among the Class IV or alternate members of the Planning
Board both a member of the Zoning Board of Adjustment and a member
of the Board of Education.
(3)
Class III: a member of the governing body, to be appointed
by it.
(4)
Class IV: four other citizens of the municipality,
to be appointed by the Mayor.
B.
Alternate members.
(1)
There may also be not more than two alternate members
appointed to the Planning Board, in the same manner as Class IV members,
who shall be designated by the Chairman of the Planning Board as "Alternate
No. 1" and "Alternate No. 2."
(2)
Alternate members may participate in discussion 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.
The term of the member composing Class I shall correspond
with his official tenure. The terms of 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.
B.
The term of 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 occurs first.
C.
The term of a Class IV member who is also a member
of the Board of Adjustment 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.
D.
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 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. All terms shall run from January 1 of the year in which
the appointment is made.
E.
The terms of alternate members shall be for two years,
except that of the alternate members first appointed, one shall be
appointed for a one-year term and one shall be appointed for a two-year
term, said terms to run from January 1 of the year in which the appointment
is made. Thereafter, all appointments shall be made for a term of
two years.
[Added 1-14-1980]
If a 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.
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
and 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 and adopt and from time to time amend a Master
Plan for the physical development of the borough, including any areas
outside its boundaries, which in the Board's judgment bear essential
relation to the planning of the borough in accordance with the provisions
of N.J.S.A. 40:55D-28.
B.
To administer the provisions of the Land Subdivision
Ordinance and Site Plan Review Ordinance of the borough[1] in accordance with the provisions of said ordinances 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 annually prepare a program of municipal capital
improvement projects projected over a term of six years, and amendments
thereto, and to 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 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 Mayor and Common Council, pursuant to the provisions
of N.J.S.A. 40:55D-26b.
G.
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:
[Amended 1-14-1980]
(1)
Variances pursuant to N.J.S.A. 40:55D-70c.
(2)
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.
(3)
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.
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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 the issuance of a permit, as the case may be.
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H.
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.
I.
To exercise, to the same extent and subject to the
same restrictions, all the powers of a Board of Adjustment, pursuant
to N.J.S.A. 40:55D-70 et seq., but the Class I and Class II members
shall not participate in the consideration of applications for development
which involve relief, pursuant to N.J.S.A. 40:55D-70d.
[Added 12-29-1986 by Ord. No. 234]
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,[1] 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.
[1]
Editor's Note: See N.J.S.A. 40:23-9.9 et seq.
B.
Preliminary approval, site plans and subdivisions.
[Amended 1-14-1980]
(1)
Upon submission of a complete application for a site
plan which involves 10 acres of land or less and 10 dwelling units
or less, or for a subdivision of 10 or fewer lots, the Planning Board
shall grant or deny preliminary approval within 45 days of certification
of completeness 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 site
plan which involves more than 10 acres or more than 10 dwelling units,
or for a subdivision of more than 10 lots, the Planning Board shall
grant or deny preliminary approval within 95 days of the date of certification
of completeness 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 to the subdivision
or site plan.
C.
Ancillary powers. Whenever the Planning Board is called upon to exercise its ancillary powers before granting of a variance as set forth in § 18-7G 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. Application for final subdivision
or site plan approval shall be granted or denied within 45 days of
certification of completeness of the 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 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.
[Amended 1-14-1980]
[Amended 1-14-1980]
A.
Certification of completeness of application. If an
application for site plan review or for preliminary major subdivision
approval 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 the
submission of such application or it shall be deemed to be properly
submitted. When it has been determined by the Board or the Board's
designee for the determination of completeness that an application
meets all requirements specified in this chapter and in the rules
and regulations of the Board, the Board Secretary shall immediately
issue a certificate to the developer that the application is complete,
and the application shall be deemed to be complete as of the day it
was so certified for the purposes of the commencement of the time
periods for actions by the Board.
B.
Procedure for filing application.
(1)
Applications for development within the jurisdiction
of the Planning Board, pursuant to the provisions of N.J.S.A. 40:55D-1
et seq. shall be filed with the Secretary of the Planning Board. Applicants
shall file at least 14 days before the date of the monthly meeting
of the Board:
(a)
Three copies of any conceptual plan to be reviewed
by the Board, for which no charge shall be made.
(b)
Three copies of applications for minor subdivision
approval.
(c)
Three copies of applications for major subdivision
approval.
(d)
Three copies of an application for either major or
minor site plan review, conditional use approval or planned development.
(2)
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.
(3)
The applicant shall also obtain all necessary forms
from the Secretary of the Planning Board. The Secretary of the Planning
Board shall inform the applicant of the steps to be taken to initiate
applications and of the regular meeting dates of the Planning Board.
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.
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.
