[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]
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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.
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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.
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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.
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All terms shall run from January 1 of the year
in which the appointment was made.
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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.
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[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:
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.
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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.
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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.
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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]
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]
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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.
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[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.
