[Amended 1-5-1977 by Ord. No. 1-77; 11-18-1981 by Ord. No.
81-1P]
A.
There is hereby established, pursuant to N.J.S.A.
40:55D-23, in the Borough of Branchville, a Planning Board of nine
members consisting of the following four classes:
[Amended 4-20-1988 by Ord. No. 2-88]
(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 if there is an Environmental Commission, the
member of the Environmental Commission who is also a member of the
Planning Board as required by Section 1 of P.L. 1968, c.245 (N.J.S.A.
40:56A-1), shall be deemed to be the Class II Planning Board member
for purposes of this section 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: six other citizens of the municipality,
to be appointed by the Mayor.
B.
The members of Class IV shall hold no other municipal
office, position or employment, except that in the case of nine-member
Boards, one such member may be a member of the Zoning Board of Adjustment
or Historic Preservation Commission. No member of the Board of Education
may be a Class IV member of the Planning Board, except that in the
case of a nine-member Board, one Class IV member may be a member of
the Board of Education. If there is a Municipal Environmental Commission,
the member of the Environmental Commission who is also a member of
the Planning Board, as required by Section 1 of P.L. 1968, c.245 (N.J.S.A.
40:56A-1), shall be a Class IV Planning Board member, unless there
is among the Class IV or alternate members of the Planning Board both
a member of the Zoning Board of Adjustment or Historic Preservation
Commission and a member of the Board of Education, in which case the
member common to the Planning Board and Municipal Environmental Commission
shall be deemed a 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 a municipal office. 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 Mayor as
"Alternate No. 1" and "Alternate No. 2."
[Amended 4-20-1988 by Ord. No. 2-88]
C.
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.
[Added 1-15-1992 by Ord. No. 1-92]
The Planning Board of the Borough of Branchville
shall henceforth be known as the Planning Board/Zoning Board of Adjustment
of the Borough of Branchville. The Planning Board/Zoning Board of
Adjustment is hereby empowered to exercise to the same extent and
subject to the same restrictions all powers of a Zoning Board of Adjustment
pursuant to N.J.S.A. 40:55D-25. In each and every instance where the
term "Planning Board" or "Zoning Board of Adjustment" appears in the
Branchville Borough Code, those terms shall be construed to refer
to the Planning Board/Zoning Board of Adjustment of the Borough.
A.
The term of the member composing Class I shall correspond
with his official tenure. 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. 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.
B.
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.
C.
The terms of alternate members shall be for two years,
except that of the alternate members first appointed, one shall be
appointed for a two-year term and one shall be appointed for a one-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 11-18-1981 by Ord. No. 81-1P]
If a vacancy is 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 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 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 hear applications for conditional uses and, in
proper cases, to approve conditional use permits in accordance with
provisions of the Zoning Chapter pursuant to N.J.S.A. 40:55D-76.
[Added 12-19-1984 by Ord. No. 5-84]
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 Borough Council pursuant to the provisions of N.J.S.A.
40:55D-26b.
H.
Review of subdivision, site plan and conditional use
applications.
[Amended 11-18-1981 by Ord. No. 81-1P; 12-19-1984 by Ord. No.
5-84]
(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-70d, 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 the
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.
(c)
Direction, pursuant to N.J.S.A. 40:55D-36, for the
issuance of a permit for a building or structure not related to a
street.
(2)
Whenever relief is requested pursuant to this subsection,
notice of the 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.
(3)
The developer may elect to submit a separate application
requesting approval of the variance or direction for the issuance
of a permit and a subsequent application for any required approval
for a subdivision, site plan or conditional use. The separate approval
of the variance or direction for the issuance of a permit shall be
conditioned upon the 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 or purpose of
the zone plan and Zoning Ordinance.[1]
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.
The Planning Board/Zoning Board of Adjustment shall
exercise, to the same extent and subject to the same restrictions,
all the powers of a Zoning Board of Adjustment, but the Class I and
the Class III members shall not participate in the consideration of
applications for development which involve relief pursuant to N.J.S.A.
40:55D-70d.
[Added 1-15-1992 by Ord. No. 1-92]
[Amended 11-18-1981 by Ord. No. 81-1P]
A.
Minor subdivisions.
(1)
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 a 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. 46:23-9.9 et seq.
(2)
Any approvals given pursuant to this section shall
be conditioned upon timely receipt of a favorable report on the application
by the County Planning Board or approval by the County Planning Board
by its failure to report thereon within the required time period.
B.
Preliminary approval of site plans and subdivisions.
(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 applicant.
(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 applicant; 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 the granting of a variance as set forth in § 25-7H 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 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.
(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 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.
[Amended 11-18-1981 by Ord. No. 81-1P; 12-19-1984 by Ord. No.
5-84]
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 Board Secretary. An applicant shall file at least 14 days before the date of the monthly meeting of the Board. He shall provide three copies of an application for minor subdivision approval, three copies of an application for major subdivision approval or three copies of an application for site plan review, conditional use approval or planned development when permitted. At the time of filing the application, the applicant shall also file eight copies of any proposed subdivision map and eight copies of any proposed site plan and 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. Applications for development within the jurisdiction of the Planning Board shall be reviewed for completeness in accordance with the provisions of Article III, § 25-26.
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.
