Township of Bernards, NJ
Somerset County
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Table of Contents
Table of Contents
[Ord. #585, § 301A; Ord. #2261, 3-11-2014, amended]
There is hereby established pursuant to the Municipal Land Use Law a planning board consisting of nine members of the following four classes and alternate members as hereinafter provided. All members of the Planning Board, except for the Class II member, shall be municipal residents.
a. 
Class I. The Mayor or the Mayor's designee in the absence of the Mayor.
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 the member of the Environmental Commission who is also a member of the Planning Board 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 or alternate members of the Planning Board.
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 shall be a Class IV Planning Board member unless there be 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, in which case the member of the Environmental Commission shall be deemed to be the Class II member of the Planning Board. There is no mandatory requirement that a member of the Environmental Commission serve on the Planning Board. [NOTE: See Petrick v. Jersey City Plan. Bd. 287 N.J. Super. 325, 334 (App. Div. 1996).]
e. 
Alternate Members. Not more than two alternate members of the Planning Board will be appointed by the Mayor. Such alternate members shall be designated by the Mayor as "Alternate No. 1" and "Alternate No. 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. In the event that a choice must be made as to which alternate member is to vote, Alternate No. 1 shall vote. A vote shall not be delayed in order that a regular member may vote instead of an alternate member. Alternate members shall meet the qualifications relating to Class IV members of the Planning Board.
[Ord. #585, § 301B]
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, unless the Class II member is also a member of the Environmental Commission. 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.
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.
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 terms for which they were appointed. Thereafter, all Class IV members shall be appointed for terms of four years except as otherwise herein provided.
All terms shall run from January 1 of the year in which the appointment was made.
Alternate members shall be appointed for terms of two years from January 1 of the year of their appointment, except that the initial term of one of the two alternate members shall be for one year from the date.
[Ord. #585, § 301C]
If a vacancy shall occur otherwise than by expiration of term, it shall be filled by appointment as above provided for the unexpired term.
[Ord. #585, § 301D]
The Planning Board shall elect a Chairman and Vice Chairman from the regular Class IV members and select a Secretary who may be either a member of the Planning Board or a municipal employee designated by it.
[Ord. #585, § 301E]
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 for the Planning Board Attorney, who shall be an attorney other than the Township Attorney.
[Ord. #585, § 301F]
The Planning Board may also employ or contract for the services of experts and such 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.
[Ord. #585, § 301G; Ord. #700, § 2]
The Planning Board shall have the following powers and duties:
a. 
To make and adopt and amend a Master Plan for the physical development of the Township pursuant to N.J.S.A. 40:55D-28, which Master Plan shall give due consideration to the relationship between the proposed physical development of the Township and the Master Plans for those areas outside its boundaries which, in the Board's judgment, may affect or be affected by development within the Township.
b. 
To administer the provisions of the development plan review regulations.
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 consider and transmit to the governing body within 35 days after referral a report concerning any proposed development regulation, revision or amendment and also to make timely recommendations on any other matters specifically referred to the Planning Board by the Township Committee.
f. 
Whenever a proposed development requires approval pursuant to this chapter, of a subdivision, site plan or conditional use, but not a variance pursuant to Subsection 21-5.11, Paragraph d (N.J.S.A. 40:55D-70d) to grant to the same extent and subject to the same restrictions as the Zoning Board of Adjustment:
1. 
Variances pursuant to Subsection 21-5.11, Paragraph c of this chapter from the requirements of Article IV.
2. 
Direction 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.
3. 
Direction for issuance of a permit for a building or structure not related to a street.
Whenever relief is requested pursuant to this paragraph, 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.
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.
g. 
When reviewing applications for approval of development plans, including those involving conditional uses, to grant exceptions from the regulations of Article V as may be reasonable and within the general purpose and intent of the provisions of subdivision and site plan approval if the literal enforcement of one or more provisions of the chapter is impracticable or will exact undue hardship because of peculiar conditions pertaining to the land in question pursuant to N.J.S.A. 40:55D-51.
[Ord. #1928, 2-27-2007, § 2, amended]
h. 
(Reserved)[1]
[1]
Editor's Note: Editor's Note: Former Paragraph h, which provided for the grant of modifications from certain standards, was repealed by Ord. #1928, 2-27-2007, § 2.
i. 
To perform such other advisory duties as are assigned to it by ordinance or by resolution of the governing body for the aid and assistance of the governing body or other Township agencies or officers.
[Ord. #1928, 2-27-2007, § 2, amended]
[Ord. #585, § 301H; Ord. #700, §§ 3-4; Ord. #1456, 4-10-2001, amended]
a. 
Minor Subdivisions. Minor subdivision approvals shall be granted or denied within 45 days of the date of the certification of the completeness of an application by the Board or within such further time as may be consented to in writing by the applicant. Failure of the Board to act within the period prescribed shall constitute approval of the application and a certificate as to the failure of the Board to act shall be issued by the Board upon the request of the applicant. Approval of a minor subdivision shall expire 190 days from the date of 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 Township Engineer and the Township Tax Assessor. Any such plat or deed must be signed by the Chairman and Secretary of the Board before it will be accepted for filing by the County Recording Officer.
[Ord. #1429, 5-29-2001, amended]
[1]
Editor's Note: See N.J.S.A. 46:23-9.9 et seq.
b. 
Preliminary Approval. Upon certification by the Board of the completeness of an application for a development plan involving a subdivision of 10 or fewer lots or a development plan involving a tract of land of 10 acres or less and 10 dwelling units or less, the Board shall grant or deny preliminary approval within 45 days of the date of such certification or within such further time as may be consented to in writing by the developer. Upon certification by the Board of the completeness of an application for a development plan involving a subdivision of more than 10 lots or a development plan involving a tract of land of greater than 10 acres or more than 10 dwelling units or any development plan under the planned residential development provisions of this chapter or any development plan involving a conditional use, the Board shall grant or deny preliminary approval within 95 days of the date of such certification or within such further time as may be consented to in writing by the developer. Otherwise, the Board shall be deemed to have granted preliminary approval.
[Ord. #1429, 5-29-2001, amended]
c. 
Ancillary Powers. Whenever an application for approval of a subdivision plat, site plan or conditional use includes a request for relief pursuant to Section 47 of the Municipal Land Use Law (P.L. 1975, c. 291), as amended, N.J.S.A. 40:55D-60, the 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. 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 and subsequent approval shall be as otherwise provided in this chapter. Failure of the Board to act within the period prescribed shall constitute approval of the application and a certificate as to the failure of the Board to act shall be issued by the Board upon the request of the applicant.
[Ord. #1429, 5-29-2001, amended]
d. 
Final Approval. Final development plan approval shall be granted or denied within 45 days of certification by the Board of the completeness of an application or within such further time as may be consented to in writing by the applicant. Failure of the Board to act within the period prescribed shall constitute approval of the application and a certificate as to the failure of the Board to act shall be issued by the Board upon the request of the applicant.
[Ord. #1456, 4-10-2001, amended]
Final approval of a development plan for a 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 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. 
The periods of time set forth herein shall be in accordance with Subsection 21-6.12, Complete Applications, which section shall control if inconsistent with any section herein.
[Ord. #585, § 301I]
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.
[Ord. #585, § 301J]
The Planning Board shall make available to the Environmental Commission for its review and comment an informational copy of every development plan 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.
[Ord. #585, § 301K]
The Planning Board shall adopt such rules and regulations as may be necessary to effectuate the provisions and purposes of this chapter. The rules and regulations may include the definition of a complete application and shall provide that the Board review, on the record, the reports and recommendations of each municipal officer or agency with respect to each development plan referred to them by the terms of this chapter.