[Amended 12-27-2016 by Ord. No. 20-2016]
A. Establishment of Planning Board.
(1) Membership. The Borough of Franklin Planning Board shall consist
of nine members of the following four classes:
(a)
Class I: the Mayor or Mayor's designee.
(b)
Class II: one of the officials of the Borough, other than a
member of the Borough Council, to be appointed by the Mayor.
(c)
Class III: a member of the Borough Council to be appointed by
the Borough Council.
(d)
Class IV members: six other citizens of the Borough to be appointed
by the Mayor. The members of Class IV shall hold no other municipal
office, position or employment except that one member may be a member
of the Board of Adjustment. Not more than one Class IV member may
be a member of the Board of Education. For the purpose of this section,
membership on a Borough board or commission whose function is advisory
in nature, the establishment of which is discretionary and not required
by statute, shall not be considered the holding of Borough office.
(e)
Alternate members. Four alternate members shall be appointed
and shall meet the qualifications of Class IV members of nine-member
planning boards. 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." 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. A vacancy occurring otherwise than by expiration
of term shall be filled by the appointing authority for the unexpired
term only. Alternate members may participate in discussions of the
proceedings but may not vote except in the absence or disqualification
of a regular member. 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(s) is/are to vote,
the alternate members shall be chosen sequentially by their designated
number.
(2) Terms. The term of the Class I member shall correspond to his or
her official tenure as Mayor. 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. The term
of all other Class IV members 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.
(3) Organization. The Planning Board shall organize annually by selecting
from among its Class IV members a Chairperson and a Vice Chairperson.
The Board shall also select a Secretary who may or may not be a member
of the Board or a municipal employee, and create and fill such other
offices as established by ordinance.
(4) Legal counsel and other professional staff. The Planning Board may
annually appoint an attorney at law of New Jersey other than the Municipal
Attorney as Planning Board Attorney and may fix his or her compensation
or rate of compensation not exceeding the amount appropriated. The
Planning Board may also employ or contract for and fix the compensation
of such experts and other staff and services as it may deem necessary.
The Board, however, shall not authorize expenditures which exceed,
exclusive of gifts or grants, the amount appropriated by the governing
body for its use.
(5) Conflict of interest. No member of the Planning Board shall be permitted
to act on any matter in which he or she has either directly or indirectly
any personal or financial interest.
(6) Removal. Any member other than a Class I member, after a public hearing,
if requested, may be removed by the governing body for cause.
B. Powers and jurisdiction of Planning Board.
(1) Mandatory powers. The Planning Board shall exercise its powers in
accordance with the MLUL in regard to:
(a)
The Borough Master Plan pursuant to N.J.S.A. 40:55D-28.
(b)
Subdivision and site plan review pursuant to this chapter.
(c)
Any official map adopted by the Borough Council pursuant to
N.J.S.A. 40:55D-32 et seq.
(d)
The Zoning Ordinance, including conditional uses pursuant to
this chapter.
(e)
Any capital improvements programs pursuant to N.J.S.A. 40:55D-29
et seq.
(f)
Variances and certain building permits in conjunction with subdivision,
site plan and conditional use approval pursuant to the Board's ancillary
powers.
(2) Zoning Board of Adjustment powers. Pursuant to N.J.S.A. 40:55D-25c,
the Planning Board shall exercise, to the same extent and subject
to the same restrictions, all of the powers of a zoning board of adjustment,
but the Class I and the Class III members shall not participate in
the consideration of applications for development which involve relief
pursuant to Subsection (d) of N.J.S.A. 40:55D-70.
(3) Other powers. The Planning Board may:
(a)
Participate in the preparation and review of programs or plans
required by state or federal law or regulation.
(b)
Assemble data on a continuing basis as part of a continuous
planning process.
(c)
Perform such other advisory duties as are assigned to it by
ordinance or resolution of the Borough Council.
(4) Ancillary powers of the Planning Board.
(a)
Direction pursuant to N.J.S.A. 40:55D-34 for issuance of a permit
for a 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.
(b)
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.
C. Notice of variance and other relief required. Whenever relief is
requested pursuant to this section, notice of the hearing on the application
for development shall include reference to the request for variances
or direction for issuance of a permit, as the case may be.
D. Time periods for action on applications seeking variance or other
relief under this section. Whenever an application for approval of
a subdivision plat, site plan or conditional use includes a request
for "c" variance relief, the Planning Board shall grant or deny approval
of the application within 120 days after submission by an applicant
of a complete application to the Planning Board or within such further
time as may be consented to by the applicant. In the event that the
applicant elects to submit separate consecutive applications, the
aforesaid provision shall apply to the application for approval of
the variance(s) or direction for issuance of a permit. The period
for granting or denying any subsequent approval shall be as otherwise
provided in this chapter. Failure of the Planning Board to act within
the period prescribed shall constitute approval of the application
and a certificate of the Planning Board Secretary as to the failure
of the Planning Board to act shall be issued on request of the applicant.
It shall be sufficient in lieu of the written endorsement or other
evidence of approval, herein required, and shall be so accepted by
the county recording officer for purposes of filing subdivision plats.
E. County approval. Whenever review or approval of the application by
the County Planning Board is required by N.J.S.A. 40:27-6.3, in the
case of a subdivision, or N.J.S.A. 40:27-6.6, in the case of a site
plan, the Planning Board shall condition any approval that it grants
upon timely receipt of a favorable report on the application by the
County Planning Board or approval by the County Planning Board by
its failure to report thereon within the required time period.
F. Referral powers of the Planning Board. Prior to the adoption of a
development regulation, revision or amendment thereto, the Planning
Board shall make and transmit to the Borough Council, within 35 days
after referral, a report including 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 Borough Council, 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 recommendations.
Failure of the Planning Board to transmit its report within the thirty-five-day
period provided herein shall relieve the Borough Council from the
requirements of this subsection in regard to the proposed development
regulation, revision or amendment 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 or any amendment or revision thereto.
G. Advisory Committee.
(1) 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 committee shall have no power to vote or take other
action required of the Board. Such persons shall serve at the pleasure
of the Mayor.
(2) Whenever the Environmental Commission has prepared and submitted
to the Planning Board and to the Board of Adjustment an index of the
natural resources of the municipality, the Planning Board or the Board
of Adjustment shall make available to the Environmental Commission
an informational copy of every application for development submitted
to either Board. Failure of the Planning Board or Board of Adjustment
to make such information copy available to the Environmental Commission
shall not invalidate any hearing or proceeding.