Pursuant to the provisions of N.J.S.A. 40:55D-23, the Township
of Montville Planning Board shall be comprised of nine members consisting
of the following four classes:
A.
Class I: the Mayor or the Mayor's designee.
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 for purposes of this chapter in the event that there be among
the Class IV or alternate members of the Planning Board both a member
of the Zoning Board of Adjustment and a member of the Board of Education.
C.
Class III: a member of the Township Committee, appointed by the Committee.
D.
Class IV: six other citizens of the municipality, to be appointed
by the Mayor. The members of Class IV shall hold no other municipal
office, except that one such member may be a member of the Zoning
Board of Adjustment or Historic Preservation Commission. 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 be amongst the Class IV or alternate members
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 common to the Planning Board and Environmental Commission shall
be deemed a Class II member.
A.
The term of the member composing Class I shall correspond with his/her
official tenure. The term of the member composing Class II shall be
for one year or terminate at the completion of his/her first term
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/her
term of office as a member of the Environmental Commission, whichever
occurs first.
B.
The term of the member composing Class III shall be for one year
or terminate at the completion of his/her term of office, whichever
occurs first.
C.
The term of a Class IV member who is also a member of the Board of
Adjustment or Board of Education shall terminate whenever he/she is
no longer a member of such other body or at the completion of his/her
Class IV term, whichever occurs first.
D.
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 terms 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.
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/she requests one, may be removed by the Township Committee for
cause.
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 a municipal employee designated
by it.
A.
There shall be two alternate members of the Planning Board appointed
by the Mayor and meeting the qualifications of Class IV members of
nine-member planning boards. The 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 terms of the alternate members shall be such 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. Notwithstanding
the aforesaid, the initial terms of the members shall be arranged
so as to accomplish the intent of this section. A vacancy occurring
otherwise than by expiration of term shall be filled by the Mayor
for the unexpired term only.
B.
No alternate member shall be permitted to act on any matter in which
he/she has, either directly or indirectly, any personal or financial
interest. An alternate member may, after public hearing if he/she
requests one, be removed by the Township Committee for cause.
C.
The 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.
Subject to the prior approval of the Township Committee, the
Planning Board may employ, or contract for, and fix the compensation
of legal counsel, experts and other staff and services as it may deem
necessary. The Board shall not, however, exceed, exclusive of grants,
the amount appropriated by the governing body for its use.
The Planning Board is authorized to adopt bylaws 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 the Township, including any areas outside
its boundaries which, in the Board's judgment, bear essential relation
to the planning of the Township, in accordance with the provisions
of N.J.S.A. 40:55D-28.
B.
To approve conditional use applications as authorized by state statute.
C.
To administer the provisions of the Land Use and Development Ordinance
of the Township in accordance with the provisions of this chapter
and the Municipal Land Use Law of 1975, N.J.S.A. 40:55D-1 et seq.
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 continuing planning
process.
F.
To review and make recommendations to the Committee on the official
map of the Township pursuant to N.J.S.A. 40:55D-32 and N.J.S.A. 40:55D-26.
G.
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.
H.
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 Committee pursuant to the provisions of N.J.S.A. 40:55-D26b.
I.
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)
A variance pursuant to N.J.S.A. 40:55D-70c.
(2)
Direct the issuance of a permit for a building or structure either
not related to a street (N.J.S.A. 40:55D-36) or in the bed of a mapped
street or public drainageway, flood control basin or public area reserved
on the Official Map (N.J.S.A. 40:55D-34).
[Amended 12-9-2014 by Ord. No. 2014-33]
(3)
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.
To perform such other advisory duties as are assigned to it by ordinance
or resolution of the governing body or other agencies or officers.
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.
