A.
Establishment. There is hereby established, pursuant
to N.J.S.A. 40:55D-1 et seq., in the Borough of Folsom a Planning
Board of nine members and two alternates consisting of the following
four classes:
(1)
Class I: the Mayor or his or her designee.
(2)
Class II: one of the officials of the Borough other
than a member of the Borough Council 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 shall be deemed to be the Class II Planning Board member if
there is a member of the Board of Education among the Class IV members
or alternates.
(3)
Class III: a member of the Borough Council to be appointed
by it.
(4)
Class IV: other citizens of the Borough 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 Board of Education.
B.
The two alternates shall be Class IV members. Alternates
may participate in discussions of the proceedings, but may not vote
except in the absence or disqualification of a regular member of any
class. Where the application for development involves relief pursuant
to Subsection d of N.J.S.A. 40:55D-70 (a "d" variance), alternate
members shall not participate in place of the legislatively excluded
Class I and Class III members. This reduction in voting membership
preserves the statutory scheme of N.J.S.A. 40:55D-70 requiring the
affirmative vote of five members of the statutory seven-member board
to grant a "d" variance.
The terms and conditions of the members of the
Planning Board shall be as follows:
A.
Terms.
(1)
The term of the member composing Class I shall correspond
to his or her 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 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 or her term of office as a member of the
Environmental Commission, whichever comes first.
(2)
The terms of all Class IV members first appointed
pursuant to this article shall be so determined that, to the greatest
practicable extent, the expiration of such term shall be evenly distributed
over the first four years after their appointment; that is, two for
two years, two for three years and two for four years; provided, however,
that no term of any member shall exceed four years. 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.
B.
Removal for cause. Any member, other than a Class
I member, after a public hearing, if so requested, may be removed
by the Borough Council for cause.
C.
Meeting carryover. When any hearing before the Planning
Board shall carry over two or more meetings, a member of the Board
who was absent for one or more of the meetings shall be eligible to
vote on the matter upon which the hearing was conducted, notwithstanding
his or her absence from one or more of the meetings; provided, however,
that such Board member has available to him or her a transcript or
recording of the meeting and certified in writing that the transcript
was read or recording listened to.
D.
Absenteeism. Any Class IV Planning Board member may
be removed by the Planning Board if he or she misses three regular
meetings in a calendar year.
E.
Service without compensation. Members of the Planning
Board shall serve without salary but may be paid expenses incurred
in the performance of duties.
F.
Conflict of interest. No member shall be permitted
to act on any matter in which he or she has, directly or indirectly,
any personal or financial interest
If a vacancy of any class shall occur otherwise
than by duration of term, it shall be filled by appointment as above
provided for the unexpired term.
A.
Chairpersons. There are hereby created the positions
of Planning Board Chairperson and Vice Chairperson. The Planning Board
shall entertain nominations and shall elect by majority vote a Chairperson
and Vice Chairperson from the members of Class IV members. The Chairpersons
shall be responsible for the running of the public hearings.
B.
Subdivision/Site Plan Subcommittee. There is hereby
created a Subdivision/Site Plan Subcommittee made up of three Board
members. The Board shall entertain nominations and shall elect by
majority vote the three Board members. The purpose of the Subdivision/Site
Plan Subcommittee is to review the proposals in the applications and
make recommendations to the Board as it relates to the subdivision/site
plan aspects of the project, including those items required by the
appropriate ordinance.
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 of the Planning Board Attorney
who shall be an attorney other than the Municipal Attorney.
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 Borough Council 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 article. 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. 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 the Borough, including any areas
outside its boundaries, which, in the Board's judgment, bear essential
relation to the planning of the Borough, in accordance with the provisions
of N.J.S.A. 40:55D-28.
C.
To approve conditional use applications in accordance with the provisions of Chapter 200, Zoning, pursuant to N.J.S.A. 40:55D-67.
D.
To participate in the preparation and review of programs
or plans required by state or federal law or regulations.
E.
To assemble data on a continuing basis as part of
a continuous planning process.
F.
At the request of Borough Council, to prepare a program
of municipal capital improvement projects projected over a term of
six years, and amendments thereto, and recommend same to the Borough
Council.
G.
To consider and make report to the Borough Council
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 Borough Council pursuant to the provisions of N.J.S.A.
40:55D-26b.
H.
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,
variances pursuant to Subsection c of N.J.S.A. 40:55D-70, from lot
area, lot dimensional setback and yard requirements; provided that
such relief from lot area requirements shall not be granted for more
than one lot.
I.
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 may be the case.
J.
To perform such other advisory duties as are assigned
to it by ordinance or resolution of the Borough Council for the aid
and assistance of the Borough Council or other agencies or officers.
A.
Minor subdivisions. Minor subdivision approvals 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. 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,[1] or a deed clearly describing the approved minor subdivision,
is filed by the developer with the County Recording Officer, the Borough
Engineer and the Borough Tax Assessor. Any such plat or deed must
be signed by the Chairperson and Secretary of the Planning Board before
it will be accepted for filing by the County Recording Officer.
[1]
Editor's Note: See N.J.S.A. 46:23-9.9 et seq.
B.
Preliminary approval of major subdivisions. 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. Otherwise, the Planning Board shall be deemed
to have granted preliminary approval for the subdivision.
C.
Ancillary powers. Whenever the Planning Board is called upon to exercise its ancillary powers before the granting of a variance as set forth in § 46-7H of this article, the Planning Board shall grant or deny approval of the application within 95 days after submission by the developer 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 approval of the application, and a certificate of the Secretary as to the failure of the Planning Board to act shall be issued on request of the applicant.
D.
Final 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.
(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, 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.
A.
Procedure for filing. Applications for development
within the jurisdiction of the Planning Board pursuant to the provisions
of N.J.S.A. 40:55D-1 et seq. shall be filed with the Borough Secretary.
The applicant shall file the completed application, fees and required
number of plans no later than 30 days prior to the hearing date. The
applicant shall file 20 copies of a sketch plat; 20 copies of applications
for minor subdivision approval; 20 copies of applications for major
subdivision approval, or 20 copies of an application for site plan
review, conditional use approval, or planned development. The applicant
shall obtain all necessary forms from the Secretary. The Secretary
shall inform the applicant of the steps to be taken to initiate applications
and of the regular meeting dates of the Board.
[Amended 12-14-2011 by Ord. No. 12-2011]
B.
Complete application. An application for development
shall be complete for purposes of commencing the applicable time period
for action by the Planning Board when so certified by the Board all
as provided in N.J.S.A. 40:55D-10.3.
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 Borough, 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
informational copy available to the Environmental Commission shall
not invalidate any hearing or proceeding.
