The provisions set forth in this Part
2 provide for the administration of this chapter.
The Planning Board presently in existence pursuant
to N.J.S.A. 40:55D-23 is hereby continued to consist of nine members
of the following four classes and two alternates:
B. Class II: one of the officials of the Township other
than the Mayor or a member of the Township Committee to be appointed
by the Mayor and confirmed by the Committee.
C. Class III: a member of the Township Committee to be
appointed by it.
D. Class IV: six other citizens of the Township to be
appointed by the Mayor. The members of Class IV shall hold no other
Township office, position or employment, except that one Class IV
member may be a member of the Zoning Board of Adjustment and one Class
IV member may be a member of the Board of Education. 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. Alternates. The Mayor shall also appoint two alternate
members who shall meet the qualifications of Class IV members. Alternate
members shall be designated by the Mayor at the time of appointment
as "Alternate No. 1" and "Alternate No. 2."
No member or alternate member of the Planning
Board shall be permitted to act on any matter in which he/she has,
either directly or indirectly, any personal or financial interest.
If the Planning Board lacks a quorum because
any of its regular or alternate members is prohibited by N.J.S.A.
40:55D-23b 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 a minimum number of members necessary to constitute a quorum to
act upon the matter without any personal or financial interest therein,
whether direct or indirect. If a choice has to be made between regular
members of equal seniority, the Chairman of the Board of Adjustment
shall make the choice.
If a vacancy of any class shall occur otherwise
than by expiration of term, it shall be filled by appointment, as
above provided, for the unexpired term only.
Any member other than a Class I member may be
removed by the Township Committee pursuant to N.J.S.A. 40A:9-12.1.
The Planning Board shall elect a Chairperson
and Vice Chairperson from the members of Class IV and select a Secretary
who may be either a member of the Planning Board or Township 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 enter into a written agreement for a rate of compensation of
the Planning Board Attorney who shall be an attorney other than the
Township Attorney. The Board shall not expend an amount, exclusive
of gifts or grants, in excess of the amount appropriated by the Township
Committee for its use.
The Township Committee shall make provisions
in its budget and appropriate funds for the expenses of the Planning
Board. The Planning Board may employ or contract for the services
of experts and other staff and services as it may deem necessary.
The Planning Board shall not, however, exceed, exclusive of gifts
or grants, the amount appropriated by the Township Committee for its
use.
The Planning Board shall adopt such rules and
regulations as may be necessary to carry into effect the provisions
and purposes of this chapter. The Planning Board shall have the following
powers and duties:
A. To prepare, and after public hearing, adopt or amend
a master plan or component parts thereof, to guide the use of lands
within the Township in a manner which protects public health and safety
and promotes the general welfare, in accordance with the MLUL.
B. To administer site plan and land subdivision reviews
in accordance with the provisions of this chapter and the MLUL.
C. To grant exceptions from certain requirements for
subdivision and site plan approval pursuant to this chapter and the
MLUL.
D. To approve conditional use applications in accordance
with the provisions of this chapter and the MLUL.
E. To consider and make a report to the Township Committee
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.
The report shall include identification of any provisions in the proposed
development regulation, revision or amendment which are inconsistent
with the Master Plan and recommendations concerning these inconsistencies
and any other matters as the board deems appropriate. The Township
Committee 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 recommendation. Failure
of the Planning Board to transmit its report within the thirty-five-day
period provided herein shall relieve the Township Committee from the
requirements of this subsection in regard to the proposed development
regulation, revision or amendment thereto referred to the Planning
Board. Nothing in this section shall be construed as diminishing the
application of the provisions of N.J.S.A. 40:55D-32 to any Official
Map or an amendment or revision thereto or of N.J.S.A. 40:55D-62 to
any Zoning Ordinance, development regulations or any amendment or
revision thereto.
F. To participate in the preparation and review of programs
or plans required by state or federal law or regulations.
G. To assemble data on a continuing basis as part of
a continuing planning process.
H. To annually prepare a program of municipal capital
improvement projects over a term of six years, and amendments thereto,
and recommend same to the Township Committee pursuant to the MLUL.
I. Granting variances, etc.
(1) 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:
(a)
Variances pursuant to N.J.S.A. 40:55D-70c.
(b)
Direction pursuant to N.J.S.A. 40:55D-34 for
issuance of permit for 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
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 a 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.
J. Review of capital projects pursuant to N.J.S.A. 40:55D-31.
K. To perform such other advisory duties as are assigned
to it by ordinance or resolution of the Township Committee for the
aid and assistance of the Township Committee or other Township bodies,
agencies, or officers.
L. The Township Committee may, by ordinance, provide
for the reference of any matters or class of matters to the Planning
Board before final action thereon by a municipal body or municipal
officer having final authority hereon, except for any matter under
the jurisdiction of the Board of Adjustment. Whenever the Planning
Board shall have made a recommendation regarding a matter so authorized
to another municipal body, such recommendation may be rejected only
by a majority of the full authorized membership of such body.
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 being required
to make further application to the Planning Board, or the Planning
Board 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, notice of the hearing on the plat
shall include reference to the request for such conditional use.