§ 64-1Board created; membership, compensation and terms.
§ 64-2Adoption of rules and regulations; officers.
§ 64-3Powers and duties.
§ 64-4Personnel, experts and staff.
§ 64-5Creation of Land Use Board; powers and duties.
Creation. Pursuant to the provisions of N.J.S.A. 40:55D-1 et seq., entitled the "Municipal Land Use Law" (P.L. 1975, c. 291), a Township Planning Board to consist of nine members is hereby created.
Membership. Members constituting said Planning Board shall consist of the following four classes:
Class I: Mayor.
Class II: one of the officials of the municipality other than a member of the Township Committee 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 the Class II Planning Board member, if there is both a member of the Zoning Board of Adjustment and a member of the Board of Education among the Class IV members.
Class III: a member of the Township Committee to be appointed by it.
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 member may be a member of the Zoning Board of Adjustment and one may be a member of the Board of Education. The member of the Environmental Commission who is also a member of the Planning Board as required by N.J.S.A.A 40:56A-1 shall be a Class IV member of the Planning Board unless there is among the Class IV members of the Planning Board both a member of the Zoning Board of Adjustment and a member of the Board of Education, in which case the member of the Environmental Commission shall be deemed to be the Class II member of the Planning Board.
Compensation. All members of the Board shall serve as such without compensation.
The term of the member composing Class I shall correspond with 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 the 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 Adjustment or 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 pursuant to this chapter 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 as determined by resolution of the Township Committee; provided, however, that the term of any member shall not exceed four years, and further provided that nothing herein shall affect the term of any present member of the Planning Board, all of whom shall continue in office until the completion of the term for which he was appointed. In the event that a member shall resign from the Planning Board and leave an unexpired term, appointment shall be made to fill the unexpired term only. 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 is made.
Vacancy. 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.
Advisory Committee. 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 by the Board. Such person or persons shall serve at the pleasure of the Mayor.
Alternates. The Township Committee shall appoint two alternate members for Class IV members who shall meet the qualifications of Class IV members. Alternate members shall be designated by the Mayor at the time of their appointments as "Alternate No. 1" and "Alternate No. 2." The terms of the alternate members shall be for two years commencing from January 1 of the year of their appointment, 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. 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.
In general. The Board shall adopt written rules and regulations as it deems necessary to carry into effect the provisions and purposes of this chapter. Such rules and regulations and amendments thereto shall be maintained in the office of the Administrative Officer and shall be available for public inspection pursuant to the provisions of N.J.S.A. 40:55D-8a. 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.
Organization of the Board. The Planning Board shall elect a Chairman and Vice Chairman from the members of Class IV and shall select a Secretary who may be either a member of the Planning Board or a municipal employee designated by it.
The Planning Board is authorized to adopt rules and regulations governing its procedural operation. It shall also have the following powers and duties:
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.
To administer the provisions of the land subdivision ordinance and site plan review ordinance of the Township
To participate in the preparation and review of programs or plans required by state or federal law or regulations.
To assemble data on a continuing basis as part of a continuous planning process.
To annually prepare a program of municipal capital improvement projects projected over a term of six years, and amendments thereto, and recommend the same to the governing body.
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. 40:55D-26b.
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 set forth in N.J.S.A. 40:55D-60.
Direction pursuant to Section 25 of said Act
Direction pursuant to Section 27 of said Act
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.
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.
The Planning Board may employ or contract for the services of experts and other staff and services as it may deem necessary, provided that the position is set forth within this chapter and further that adequate appropriations are made available for utilization by the Board in funding the position. The Board shall not exceed, exclusive of gifts or grants, the amount appropriated by the governing body for its use. The positions established pursuant to the provisions of this chapter are as follows:
Generally. In accordance with the requirements of law, the Planning Board shall have the power, right and responsibility to employ an attorney to advise the Board as to its legal rights. Said appointee shall be answerable and responsible to the Board which appoints him. Said attorney shall take action independent of any action taken by the Township Solicitor in accordance with the principles of law.
Term. The Board Attorney shall be appointed for a term of one year, commencing on January 1 of the year of appointment.
Qualifications. The person appointed Board Attorney shall be a licensed attorney within the State of New Jersey and possess such other qualifications of ability and experience which the Board shall deem necessary to perform the duties of his office.
Compensation. The Board Attorney shall receive reasonable fees and charges for legal services.
Duties. The Board Attorney shall be the legal advisor to the Planning Board. He shall prosecute and defend actions by and against the Board. In furtherance of these powers and without limitation thereto, he shall:
Advise the Board as to the form and sufficiency of all actions prior to their effectiveness.
Review and approve all contracts, documents and instruments prior to the execution thereof by or on behalf of the Board.
Conduct appeals from orders, decisions or judgments affecting any interest of the Board as he may, in his discretion, determine to be necessary or desirable or as directed by the Board.
Subject to the approval of the Board, have power to enter into any agreement, compromise or settlement of any litigation in which the Board is involved.
Maintain a record of all actions, suits, proceedings and matters which relate to the Board's interest, and report thereon from time to time as the Board may require.
Have such other different functions, powers, and duties as may be provided by the Board, state law or administrative directive.
Generally. In accordance with the requirements of law, the Planning Board shall have the power, right and responsibility to employ a licensed professional engineer to advise the Board as to engineering matters. Said appointee shall be answerable and responsible to the Board which appoints him. Said engineer shall take action independent of any action taken by the Township Engineer in accordance with the prevailing principles of law.
Term. The Board Engineer shall be appointed for a term of one year commencing on January 1 of the year of his appointment and terminating on December 31 of the year of appointment.
Qualifications. The person appointed Board Engineer shall be a licensed professional engineer within the State of New Jersey and possess such other qualifications, ability and experience which the Board shall deem necessary to perform the duties of his office.
Compensation. The Board Engineer shall receive reasonable fees and charges for engineering services.
Duties. The Board Engineer shall be the advisor on engineering matters to the Planning Board. In this connection, he shall review all plans and documents received by the Planning Board for its action and make specific recommendations concerning said matters. In furtherance of these powers and without limitation thereon, he shall:
Advise the Board as to the form and sufficiency of all plans, plats and details submitted to the Planning Board for its review and approval prior to its approval.
Review and approve all construction made pursuant to any plat or plan approved by the Planning Board to the extent that said action is not inconsistent with the responsibility of the Township Engineer.
Recommend to the Planning Board practices, procedures, rules and regulations which the Board Engineer deems advisable to enact to ensure that proper engineering standards are followed in all matters to which the Board is asked to give its approval.
Study, recommend and devise plans and materials which the Board desires to further aid the Board in making specific recommendations to the Mayor and Council for changes in ordinances in existence within the Township.
Make recommendations and suggestions with regard to engineering matters relating to the Master Plan, zoning ordinance,
Perform such other duties as the Planning Board shall by motion or resolution require.
Termination or expiration of term. Upon the termination of the services of the Board Engineer or upon expiration of his term, the Board Engineer shall be deemed relieved of all obligation previously given to the Board Engineer by the Planning Board and no further compensation shall be paid for any of the anticipated earnings except that the Board Engineer is entitled to receive his reasonable fees for services previously rendered to the extent that said services are performed.
Administrative officer. Pursuant to the provisions of N.J.S.A. 40:55D-1 et seq., the administrative officer for the Planning Board shall be the Zoning Officer.
The Planning Board hereby created shall have and exercise all the powers, duties and procedures prescribed by the Statutes of the State of New Jersey for Planning Boards, or necessarily implied therefrom, and shall further have and exercise all of the powers, duties and procedures prescribed by ordinance adopted pursuant to options permitted by said Statutes of the State of New Jersey.
In addition, the Planning Board, pursuant to the provisions of Public Law 1994, Chapter 186, approved on December 23, 1994, shall exercise, to the same extent and subject to the same restrictions, all powers given by statute and by any ordinance to the Zoning Board of Adjustment, including all powers previously afforded to the Zoning Board of Adjustment by Section 21:3-3, et seq. of the General Ordinances of the Township of Riverside,