There is hereby established, pursuant to P.L. 1975, c. 291,[1] in the Township of Pohatcong, a Planning Board of nine members consisting of the following four classes:
A. 
Class I: 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 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 are both a member of the Zoning Board of Adjustment and a member of the Board of Education among the Class IV members.
C. 
Class III: a member of the Township Council.
D. 
Class IV: six other citizens of the municipality to be appointed by the Township Council. 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, Historic Preservation Commission or 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 are 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 of the Environmental Commission shall be deemed to be the 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 municipal office.
E. 
Alternate members. Two alternate members who shall meet the qualifications for Class IV members and shall be appointed by the appointing authority for Class IV members. The alternate members shall be designated as "Alternate No. 1" and "Alternate No. 2."
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
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, except for a Class II member who is also a member of the Environmental Commission. The term of a Class II or 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 term of a Class IV members 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.
C. 
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 members 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.
D. 
The terms of the alternate members shall be for two years, except that the terms of the alternate members shall be such that the term of not more than one alternate member shall expire in any one year.
A. 
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. Any member other than a Class I member, after a public hearing if he requests one, may be removed by the governing body for cause.
B. 
If the Planning Board lacks a quorum because of any of its regular or alternate members is prohibited by N.J.S.A. 40:55D-23 or N.J.S.A. 40:55D-23.1 from acting on a matter due to the member's personal or financial interests therein, regular members of the Board of Adjustment shall be called upon to serve, for that matter only, as temporary members of the Planning Board in order of seniority of continuous service to the Board of Adjustment, until there are the minimum number of members necessary to constitute a quorum to act upon the matter without any personal or financial interests therein, whether direct or indirect. If a choice must be made between regular members of equal seniority, the Chairman of the Board of adjustment shall make the choice.
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 and 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.
In addition, 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 and rules of procedure 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 Pohatcong Township, including any areas outside its boundaries which in the Board's judgment bear essential relation to the planning of the Township of Pohatcong, in accordance with the provisions of N.J.S.A. 40:55D-28.
B. 
To administer the provisions of Chapter 245, Subdivision and Site Plan Review, of the Code of the Township of Pohatcong 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 of the Planning Board 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 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 Township 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:
(1) 
Variances pursuant to N.J.S.A. 40:55D-70c from lot area, lot dimensional, setback and yard requirements.
(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. 40:55 D-36 for issuance of a permit for a building or structure not related to a street. When relief is requested to this subsection, notice of 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.
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.
A. 
Minor subdivision approval.
(1) 
Minor subdivision approval 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, except that whenever said application includes a request for relief under § 45-7G, the approval shall be granted within 120 days. Failure of the Planning Board to act within the period prescribed shall constitute minor subdivision approval.
(2) 
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 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. The Planning Board may extend the one-hundred-ninety-day period upon consideration of the provisions in N.J.S.A. 40:55D-47.
(3) 
The zoning requirements and the general terms and conditions upon which minor subdivision approval was granted shall not be changed for a period of two years after the date on which the resolution of minor subdivision approval is adopted, provided that the approved minor subdivision shall have been duly recorded as provided above. The Planning Board may grant an extension of this period for a period determined by the Board but not exceeding one year from what would otherwise be the expiration date upon consideration of the provisions in N.J.S.A. 40:55D-46.
B. 
Minor site plan approval.
(1) 
Minor site plan approval 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, except that whenever said application includes a request for relief under § 45-7G, the approval shall be granted within 120 days. Failure of the Planning Board to act within the period prescribed shall constitute minor subdivision approval.
(2) 
The zoning requirements and the general terms and conditions upon which minor site plan approval was granted shall not be changed for a period of two years after the date on which the resolution of minor site plan approval is adopted. The Planning Board may grant an extension of this period for a period determined by the Board but not exceeding one year from what would otherwise be the expiration date upon consideration of the provisions in N.J.S.A. 40:55D-46.
C. 
Preliminary approval of major subdivisions.
(1) 
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. In either case, whenever the application includes a request for relief under § 45-7G, the approval shall be granted within 120 days. Failure of the Planning Board to act within the period prescribed shall constitute preliminary subdivision approval.
(2) 
Preliminary subdivision approval shall confer upon the applicant the following rights for a three-year period beginning on the date of memorialization of the Planning Board resolution:
(a) 
That the general terms and conditions on which preliminary approval was granted shall not be changed, including but not limited to use requirements, layout and design standards for streets, curbs and sidewalks, lot sizes, yard dimensions and off-tract improvements, except that nothing herein shall prevent the municipality from modifying by ordinance such general terms and conditions of preliminary approval as relate to public health and safety.
(b) 
That the applicant may apply for final approval on or before the expiration date of preliminary approval of the whole or a section of the preliminary plan.
(c) 
That the applicant may apply for additional periods of at least one year but not to exceed a total extension of two years, provided that if the design standards have been revised by ordinance, such revised standards may govern.
(d) 
In the case of a subdivision of 50 acres or more, the Planning Board may grant the rights referred to in Subsection C(2)(a), (b), and (c) for such period of time longer than three years upon consideration of the provisions in N.J.S.A. 40:55D-49.
D. 
Preliminary approval of site plans.
(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, 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 the submission of a complete application for a site plan which involves more than 10 acres or more than 10 dwelling units, 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. In either case, whenever the application includes a request for relief under § 45-7G, the approval shall be granted within 120 days. Failure of the Planning Board to act within the period prescribed shall constitute preliminary subdivision approval.
(2) 
Preliminary site plan approval shall confer upon the applicant the following rights for a three-year period beginning on the date of memorialization of the Planning Board resolution:
(a) 
That the general terms and conditions on which preliminary approval was granted shall not be changed, including but not limited to use requirements, layout and design standards for streets, curbs and sidewalks, lot sizes, yard dimensions and off-tract improvements, except that nothing herein shall prevent the municipality from modifying by ordinance such general terms and conditions of preliminary approval as relate to public health and safety.
(b) 
That the applicant may apply for final approval on or before the expiration date of preliminary approval of the whole or a section of the preliminary plan.
(c) 
That the applicant may apply for additional periods of at least one year but not to exceed a total extension of two years, provided that if the design standards have been revised by ordinance, such revised standards may govern.
(d) 
In the case of a site plan of 50 acres or more, the Planning Board may grant the rights referred to in Subsection D(2)(a), (b), and (c) for such period of time longer than three years upon consideration of the provisions in N.J.S.A. 40:55D-49.
E. 
Final subdivision approval.
(1) 
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. Failure of the Planning Board to act within the period prescribed shall constitute final subdivision approval.
(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 extend the period for recording for an additional period not to exceed 190 days from the date of signing of the plat upon consideration of the provisions in N.J.S.A. 40:55D-54.
(3) 
Final subdivision approval shall confer upon the applicant the following rights for a two-year period beginning on the date of memorialization of the Planning Board resolution
(a) 
That the zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer as enumerated above, whether conditionally or otherwise, shall not be changed, provided that a final plat has been duly filed with the County Recording Officer as described above.
(b) 
That the Planning Board may extend such period of protection for extensions of one year but not to exceed three extensions.
(c) 
The granting of final approval terminates the time period of preliminary approval provided in § 45-8B for any section granted final approval.
(d) 
In the case of a subdivision for a planned development of 50 acres or more or a conventional subdivision of 150 acres or more, the Planning Board may grant the rights referred to in Subsection E(3)(a), (b) and (c) for such period of time longer than two years upon consideration of the provisions in N.J.S.A. 40:55D-52.
F. 
Final site plan approval.
(1) 
Application for final site plan 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. Failure of the Planning Board to act within the period prescribed shall constitute final subdivision approval.
(2) 
Final site plan approval shall confer upon the applicant the following rights for a two-year period beginning on the date of memorialization of the Planning Board resolution.
(a) 
That the zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer as enumerated above, whether conditionally or otherwise, shall not be changed.
(b) 
That the Planning Board may extend such period of protection for extensions of one year but not to exceed three extensions.
(c) 
The granting of final approval terminates the time period of preliminary approval provided in § 45-8B for any section granted final approval.
(d) 
In the case of a site plan for a planned development of 50 acres or more, a conventional site plan of 150 acres or more, or a site plan for development of a residential floor area of 200,000 square feet or more, the Planning Board may grant the rights referred to in Subsection F(2)(a), (b), and (c) for such period of time longer than two years upon consideration of the provisions in N.J.S.A. 40:55D-52.
G. 
General development plan approval.
(1) 
General development plan approval shall be granted or denied within 95 days of the date of the submission 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 such time shall constitute general development plan approval.
(2) 
In the event that a developer who has general development plan approval does not apply for preliminary approval for the planned development which is the subject of that general development plan approval within five years of the dated upon which the general development plan has been approved by the Planning Board, the municipality shall have cause to terminate the approval.
(3) 
General development plan approval shall confer upon the applicant the following rights and obligations until the entire planned development is completed:
(a) 
That the general terms and conditions upon which the approval has been granted, including but not limited to, on-tract or off-tract improvement requirements, shall not be changed.
(b) 
That the provisions of this chapter effective on the date of the approval with respect to permitted uses, permitted densities, parking requirements and layout and design standards shall not be changed.
(c) 
The term of the effect of the general development plan approval shall be determined by the Planning Board using the guidelines set forth in N.J.S.A. 40:55D-45.1, except that the term of the effect of the approval shall not exceed 20 years from the date upon which the developer receives final approval of the first section of the planned development. In making its determination regarding the duration of approval of the general development plan, the Planning Board shall consider the number of dwelling units or amount of nonresidential floor area to be constructed, prevailing economic conditions, the timing schedule to be followed in completing the development and the likelihood of its fulfillment, the developer's capability of completing the proposed development, and the contents of the general development plan and any conditions which the Planning Board attaches to the approval thereof.
The procedure for filing applications to the Planning Board shall be controlled by Chapter 245, Subdivision and Site Plan Review, of the Code of the Township of Pohatcong and the rules and regulations adopted by the Pohatcong Township 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 information copy available to the Environmental Commission shall not invalidate any hearing or proceeding.[1]
[1]
Editor's Note: See also § 4-32D of Chapter 4, Administration of Government.
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.
Special meetings of the Planning Board are hereby provided for and may be called at the request of any applicant, upon the approval of the Chairman of the Planning Board, or may be called without the request of any applicant by the Chairman of the Planning Board or upon the request of any two Board members, which meeting shall take place on notice to the members of the Planning Board and to the public in accordance with the provisions of the New Jersey Open Public Meetings Act.[1] If a special meeting of the Planning Board is called by the Chairman upon the request of an applicant, the applicant shall be charged a fee for the scheduling of such special meeting, which fee shall be in addition to all other fees payable as a result of the application being made to the Board. The additional fee to be charged to an applicant requesting the scheduling of a special meeting shall be as defined in Article IV of this chapter.
[1]
Editor's Note: See N.J.S.A. 10:4-6 et seq.