[Amended 4-14-1983 by Ord. No. 8-83]
[Amended 11-9-2011 by Ord. No. 12-2011]
There is hereby created, pursuant to the Municipal Land Use
Law, Chapter 291, of the Laws of New Jersey 1975, as amended and supplemented,
a Planning Board of nine members. The membership shall consist of,
for convenience in designating the manner of appointment, the four
following classes:
A.
Class I: the Mayor.
B.
Class II: one of the officials of the municipality other than a member
of the governing body, to be appointed by the Mayor.
C.
Class III:
a member of the governing body, to be appointed by it.
D.
Class IV: six other citizens of the Borough, to be appointed by the
Mayor. The members of Class IV shall hold no other municipal office.
[Amended 11-9-2011 by Ord. No. 12-2011]
A.
The term of the member composing Class I shall correspond to his
official tenure. The terms of 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 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 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 request one, may be removed by the governing body for cause.
B.
B. The Mayor may appoint to the Planning Board four alternate members
who shall meet the qualifications of Class IV members. 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 a term shall be filled by the appointing authority
for the unexpired term only. 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. 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 be given first choice with Alternate
No. 2 and 3 in that order of priority.
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 of the Planning Board or a municipal employee and create
and fill such other offices as established by ordinance. 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 Planning Board shall have the following powers and duties:
A.
To prepare and, after public hearing, adopt or amend a Master Plan,
or component parts thereof, to guide the use of lands within the Borough,
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
Borough planning and zoning regulations, pursuant to the provisions
of N.J.S.A. 40:55D-37.
D.
To participate in the preparation and review of programs or plans
required by state or federal laws or regulations.
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 N.J.S.A. 40:55D-70c from lot area, lot dimensional, setback
and yard requirements.
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 Planning Board 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 95 days after the 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.
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 the Borough Code or by the County
Planning Board. At the time of filing the application, but in no event
less than 10 days prior to the date set for the 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.
[Added 11-9-2005 by Ord.
No. 19-2005]
Pursuant to N.J.S.A. 40:55D-10.1, the Planning Board shall grant
an informal review of a concept plan for development in accordance
with the informal review application attached hereto as Exhibit 1,[1] and the procedures for submitting said informal review application shall be as established within § 22-6, except that an application for informal review of concept plans shall be filed not less than 10 days before the date of the monthly meeting of the Riverton Planning Board.
[1]
Editor's Note: Exhibit 1 is on file in the Borough offices.
[Added 11-9-2005 by Ord.
No. 19-2005]
A.
The fees to be paid by a developer requesting an information review
of concept plans for site plans or subdivisions shall be as follows:
B.
Any unused escrow fee for informal review shall, at the option of
the applicant, be returned or applied to an escrow account for review
of a formal development application submitted by the applicant. Upon
notice by the Planning Board, the applicant shall be required to replenish
the escrow fee for informal review when the balance falls below $50.
C.
The application and escrow fees for the informal review application
shall be included in the schedule of fees maintained by the Riverton
Planning Board.
After the appointment of a Planning 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 Planning Board. Such person or persons shall serve at the pleasure
of the Mayor.
[Added 9-8-2004 by Ord.
No. 2004-9[1]]
A.
Any applicant before the Planning Board shall obtain a Submission
Requirements Checklist from the Secretary of the Board to be included
in any applications under the jurisdiction of the Planning Board.
B.
The Submission Requirements Checklist is included as an attachment to this chapter and is hereby incorporated by reference in this chapter.
[1]
Editor's Note: The Submission Requirements Checklist is included at the end of this chapter. Section 2 of Ord. No. 2004-9 provides that this ordinance supersedes any conflicting provisions of Chapter 109, Site Plan Review, and Chapter 113, Subdivision of Land.
