[Amended 2-26-2014 by Ord. No. 1053-14]
A.
Membership.
(1)
Regular members. Pursuant to P.L. 1975, c. 291 (N.J.S.A. 40:55D-1
et seq.), there is hereby established a Planning Board of seven members.
The Planning Board heretofore established shall continue. The Planning
Board shall consist of four classes of members as follows:
(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 Township, other than a
member of the governing body, to be appointed by the Mayor.
(c)
Class III: a member of the governing body to be appointed by
it.
(d)
Class IV: four citizens of the municipality to be appointed
by the Mayor. The members of Class IV shall hold no other municipal
office.
(2)
Alternate members.
(a)
The Mayor may appoint not more than two alternate members of
the Planning Board. Such alternate members shall meet the qualifications
of Class IV members. Alternate members shall be designated at the
time of appointment by the Mayor as "Alternate No. 1" and "Alternate
No. 2." The terms of the alternate members shall be for two years,
except that the term of not more than one alternate member shall expire
in any one year; provided, however, that in no instance shall the
terms of the alternate members first appointed exceed two years. A
vacancy occurring otherwise than by expiration of term shall be filled
by the Mayor for the unexpired term only.
(b)
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.
(c)
No alternate member shall be permitted to act on any matter
in which he has, either directly or indirectly, any personal or financial
interest. An alternate member may, after public hearing if he requests
one, be removed by the governing body for cause.
B.
The terms of the member composing Class I shall correspond to 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. Class II member
who is also a member of the Environmental Commission. The terms of
all Class IV members first appointed under this chapter shall be so
determined that, to the greatest practical extent, the expiration
of such terms shall be distributed evenly over the first four years
after their appointments, provided that the initial Class IV term
of each such member shall not exceed four years. Thereafter, the Class
IV term of each such member shall be four years. If a vacancy in any
class shall occur otherwise than by expiration of the Planning Board
term, it shall be filled by appointment as above provided for the
unexpired term. No member of the Planning Board shall be permitted
to act on any matter in which he has, either directly or indirectly,
any personal or financial interest. 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.
C.
A member of the Planning Board who was absent for one or more of
the meetings at which a hearing was held shall be eligible to vote
on the matter upon which the hearing was conducted, notwithstanding
his absence from one or more of the meetings; provided, however, that
such Board member has available to him the transcript or recording
of all of the hearing from which he was absent and certifies in writing
to the Board that he has read such transcript or listened to such
recording.
The Planning Board is authorized to adopt bylaws
and other rules and regulations governing its procedural operation,
which bylaws, rules and regulations shall be consistent with the provisions
of this chapter and P.L. 1975, c. 291.[1] The Planning Board shall elect a Chairman and Vice Chairman
from the members of Class IV, select a Secretary, who may or may not
be a member of the Planning Board or a municipal employee, and create
and fill such other offices as established by ordinance. It may employ
or contract for and fix the compensation of legal counsel, other than
the Municipal Attorney, and experts and other staff and services as
it may deem necessary, not exceeding, exclusive of gifts or grants,
the amount appropriated by the governing body for its use.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
The Planning Board shall be governed by and
shall have such powers as are conferred upon it by P.L. 1975, c. 291.[1] More specifically, the Planning Board shall have authority
to:
A.
Prepare, adopt and, from time to time, amend or revise
a Master Plan.
B.
Exercise control over the review of subdivisions and
site plans in accordance with Part 6.
C.
Exercise control over the granting of applications
for conditional uses.
D.
Approvals.
[Amended 7-23-1984 by Ord. No. 245-84]
(1)
Whenever a proposed development requires approval pursuant to this chapter of a subdivision, site plan or conditional use, but not a variance pursuant to § 165-26A(5) the Planning Board shall have the power to grant to the same extent and subject to the same restrictions as the Board of Adjustment:
(a)
Variances pursuant to § 165-26A(3).
(2)
Whenever relief is requested pursuant to this section,
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 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 regulations.
E.
Exercise such other duties as may be assigned to it
by ordinance or resolution of the governing body and perform such
other functions as may be authorized by P.L. 1975, c. 291, and other
state statutes and administrative regulations.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
A.
Prior to the adoption of a development regulation,
revision or amendment thereto, the Planning Board shall make and transmit
to the governing body, within 35 days after referral, a report, including
recommendations concerning the proposed development regulation, revision
or amendment. The governing body, when considering the adoption of
a development regulation, revision or amendment thereto, shall review
the report of the Planning Board and may disapprove or change any
recommendation by a vote of a majority of its full authorized membership
and shall record in its minutes the reasons for not following such
recommendations. Failure of the Planning Board to transmit its report
within the thirty-five-day period provided herein shall relieve the
governing body from the requirements of this subsection in regard
to the proposed development regulation, revision or amendment thereto
referred to the Planning Board.
B.
The governing body may, by ordinance, provide for
the reference of any matter or class of matters to the Planning Board
before final action thereon by a municipal body or municipal officer
having final authority thereon. Such reference shall not extend the
time for action by the referring body, whether or not the Planning
Board has submitted its report. Whenever the Planning Board shall
have made a recommendation regarding a matter authorized by this chapter
to another municipal body, such recommendation may be rejected only
by a majority of the full authorized membership of such other body.
[Amended 7-23-1984 by Ord. No. 245-84]
Whenever an application for approval of a subdivision plat, site plan or conditional use includes a request for relief pursuant to § 165-17D of this chapter, the Planning 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 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 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, and it shall be sufficient in lieu of the written endorsement or other evidence of approval herein required and shall be so accepted by the county recording officer for purposes of filing subdivision plats.
The Planning Board shall have the power to review
and approve or deny conditional uses or site plans simultaneously
with review for subdivision approval without the developer's being
required to make further application to the Planning Board or the
Planning Board's being required to hold further hearings. The longest
time period for action by the Planning Board, whether it be for subdivision,
conditional use or site plan approval, shall apply. Whenever approval
of a conditional use is requested by the developer pursuant to this
section, notice of the hearing on the plat shall include reference
to the request for such conditional use.
After the appointment of a 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 an 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 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.
Whenever the Planning Board shall have adopted
any portion of the Master Plan, the governing body or other public
agency having jurisdiction over the subject matter, before taking
action necessitating the expenditure of any public funds incidental
to the location, character or extent of such project, shall refer
the action involving such specific project to the Planning Board for
review and recommendation in conjunction with such Master Plan and
shall not act thereon without such recommendation or until 45 days
have elapsed after such reference without receiving such recommendation.
This requirement shall apply to action by a housing, parking, highway,
special district or other authority, redevelopment agency, school
board or other similar public agency, whether state, county or municipal.
[Added 12-8-2004 by Ord. No. 867-04]
The Planning Board shall exercise the powers set forth in § 4-69K, entitled “Demolition of historic structure.”
