If the Planning Board lacks a quorum because
any of its regular or alternate members is prohibited pursaunt to
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
interest therein, whether direct or indirect. If a choice has to be
made between regular members of equal seniority, the Chair 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.
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 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 governing body for
its use.
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.
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 municipality, including any
areas outside its boundaries which in the Board's judgment bear essential
relation to the planning of the municipality, in accordance with the
provisions of N.J.S.A. 40:55D-28.
B. To administer the provisions of Chapter
290, Land Subdivision of Land, and Chapter
275, Site Plan Review, in accordance with the provisions of said ordinances and the Municipal Land Use Law, Chapter 291, P.L. 1975, N.J.S.A. 40:55D-1 et seq.
C. To approve conditional use applications in accordance with the provisions of Chapter
341, 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. To annually prepare a program of municipal capital
improvement projects over a term of six years, and amendments thereto,
and recommend same to the governing body.
G. 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-26(a),
and also pass upon other matters specifically referred to the Planning
Board by the governing body pursuant to the provisions of N.J.S.A.
40:55D-26(c).
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:
[Amended 5-20-1980 by Ord. No. 1723]
(1) Variances pursuant to Subsection 57c of Chapter 291,
P.L. 1975 [N.J.S.A. 40:55D-70(c)], from lot areas, lot dimensional
setback and yard requirements; provided that such relief from lot
area requirements shall not be granted for more than one lot.
(2) Directions, pursuant to Section 25 of said Act (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 Section 23 of said Act (N.J.S.A.
40:55D-32).
(3) Direction, pursuant to Section 27 of said Act (N.J.S.A.
40:55D-36), 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
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.
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I. 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.
Applications for development within the jurisdiction
of the Planning Board pursuant to the provisions of P.L. 1975, c.
291 (N.J.S.A. 40:55D-1 et seq.) shall be filed with the Secretary
of the Planning Board. Applicant shall file at least 14 days before
the date of the monthly meeting of the Board three copies of a sketch
plat, three copies of an application for minor subdivision approval,
three copies of an application for major subdivision approval or three
copies of an application for site plan review, conditional use approval
or planned development. At the time of filing the application, but
in no event less than 10 days prior to the date set for hearing, the
applicant shall also file all plot plans, maps or other papers required
by virtue of any provision of this chapter or any rule of the Planning
Board. The applicant shall obtain all necessary forms from the Secretary
of the Planning Board. The Secretary of the Board shall inform the
applicant of the steps to be taken to initiate applications and of
the regular meeting dates of the 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.