[1]
Editor's Note: See also Art. II, Planning
Board Acting as Zoning Board of Adjustment.
[Amended 12-28-2000 by Ord. No. 34-2000]
There is hereby created, pursuant to the Municipal
Land Use Law, Chapter 291, Laws of New Jersey 1975, a Planning Board
of nine members. The membership shall consist of nine members of the
following four classes. All members of the Planning Board, except
for Class II members set forth below, shall be municipal residents.
A.
Class I: the Mayor, or in his absence, the Mayor's
designee.
B.
Class II: one of the officials of the Township other
than a member of the governing body, to be appointed by the Mayor,
provided that since there is a Township Environmental Commission,
the member of said 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 a Class
II Planning Board member in the event that there is among the Class
IV members of the Planning Board a member of the Board of Education.[1]
C.
Class III: a member of the governing body 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
municipal office, except that one member may be a member of the Historic
Preservation Commission, if established pursuant to N.J.S.A. 40:55D-1,
and one may be a member of the Board of Education. 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 are among the Class IV or alternate members both
a member of the Historic Preservation Commission and a member of the
Board of Education, in which case the member common to the Planning
Board and the Environmental Commission shall be deemed to be the Class
II member of the Planning Board. For the purpose of this section,
membership on a Township 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 a Township
office.[2]
The term 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, 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 term of office as a member of the Environmental
Commission, whichever occurs first. The term of a Class IV member
who is also a member of the Board of Education shall terminate whenever
he is no longer a member of such other body or at the completion of
his Class IV term, whichever occurs first. The terms of all Class
IV members first appointed under 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, provided that the initial Class IV term of no member
shall 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.
A.
There shall be four alternate members of the Planning
Board. Alternate members shall be municipal residents and shall be
appointed by the Mayor and shall meet the qualifications of Class
IV members of the Planning Board. Alternate members shall be designated
at the time of appointment by the Mayor as "Alternate No. 1," "Alternate
No. 2," "Alternate No. 3" and "Alternate No. 4."
B.
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.
C.
Alternate members may participate in all matters but
may not vote except in the absence or disqualification of a regular
member of any class. Participation of alternate members shall not
be deemed to increase the size of the Planning Board established by
ordinance of the governing body pursuant to Section 14 of P.L. 1975,
c.291 (N.J.S.A. 40:55D-23). 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, then Alternate No. 2 shall vote, then
Alternate No. 3 shall vote and then Alternate No. 4 shall vote.
D.
The terms of the alternate members shall be for two
years, except that the term of not more than two alternate members
shall expire in any one year; provided, however, that in no instance
shall the terms of alternate members first appointed exceed two years.
A vacancy occurring otherwise than by expiration of term shall be
filled by the appointing authority for the unexpired term only.
[Amended 12-28-2000 by Ord. No. 34-2000]
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 or alternate member of the Planning Board
or a municipal employee and create and fill such other offices as
established by ordinance. An alternate member shall not serve as Chairman
or Vice Chairman of the Planning Board. 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. The governing body
shall make provision in its budget and appropriate funds for the expenses
of the Planning Board.
The Planning Board shall have the following
powers and duties:
A.
To prepare, adopt and 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, pursuant to the provisions of N.J.S.A. 40:55D-28.
B.
To approve or disapprove subdivision plats and site
plans, under the Township planning and zoning regulations and pursuant
to the provisions of N.J.S.A. 40:55D-37 and N.J.S.A. 40:55D-1 et seq.
C.
To approve or disapprove applications for conditional uses under the provisions of Chapter 700, Zoning, pursuant to the provisions of N.J.S.A. 40:55D-67.
D.
To participate in the preparation and review of programs
or plans required by the state or federal law or regulation.
E.
To assemble data on a continuing basis as part of
a continuous planning process.
F.
To annually participate in the preparation and review
of a program of municipal capital improvement projects projected over
a term of six years and amendments thereto.
G.
To review prior to adoption a proposed development
regulation, revision or amendment thereto, and transmit to the governing
body, within 35 days after referral, a report including recommendations
concerning the proposed development regulation, revision or amendment,
pursuant to the provisions of N.J.S.A. 40:55D-26a.
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 Section 57c of c.291, P.L. 1975, 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.
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 bodies or other agencies or officers.
The following time period provisions shall be
applicable:
A.
Minor subdivision approval 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. Failure of the Planning Board to act within the
period prescribed shall constitute minor subdivision approval. Approval
of a minor subdivision shall expire 190 days from the date of municipal
approval unless within such period a plat in conformity with such
approval and the provisions of the Map Filing Law (N.J.S.A. 46:23-9.9
et seq.) or a deed clearly describing the approved minor subdivision
is filed by the developer with the county recording officer, the Municipal
Engineer and the Municipal Tax Assessor. Any such plat or deed accepted
for such filing shall have been signed by the Chairman and Secretary
of the Planning Board.
B.
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.
An 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.
Failure of the Planning Board to act within the period prescribed
shall constitute final approval. Final approval of a major subdivision
shall expire 95 days from the date of the 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.
D.
Whenever the Planning Board is required to approve
or disapprove an application involving a variance from lot area, lot
dimensional, setback and yard requirements, 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 Secretary of the Board
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.
[Amended 12-28-2000 by Ord. No. 34-2000]
Applications for development within the jurisdiction
of the Planning Board shall be filed with the Secretary of the Planning
Board. The 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, plus any additional copies of the applications,
plats or plans which may be required by Chapter 131 of the Township
Code or any regulations of the Gloucester County Planning Board. 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.
Whenever the 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 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.
