[Amended 2-18-1980 by Ord. No. 6-80]
There is hereby established pursuant to P.L.
1975, c. 291, in the Township of Washington, a Planning Board of nine
members and two alternate members consisting of the following four
classes:
A.
Class I: the Mayor or his/her designee as provided
in a written designation filed with the Municipal Clerk.
[Amended 12-18-2000 by Ord. No. 37-00]
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 if there are both a member of the Zoning
Board of Adjustment and a member of the Board of Education among the
Class IV members.
C.
Class III: a member of the governing body to be appointed
by it.
D.
Class IV: eight other citizens of the municipality
to be appointed by the Mayor, six to be designated as "Member," one
to be designated as "Alternate Member No. 1," and one to be designated
as "Alternate Member No. 2." The members and alternate members of
Class IV shall hold no other municipal office, except that one member
or alternate member may be a member of the Zoning Board of Adjustment,
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 or alternate member, unless there are 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 Planning Board. 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.
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.
A.
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 a Class II or a Class IV member or alternate 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 comes first.
[Amended 2-18-1980 by Ord. No. 6-80]
B.
The term of a Class IV member or alternate member
who is also a member of the Board of Adjustment or 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.
[Amended 2-18-1980 by Ord. No. 6-80]
C.
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 governing body; provided, however, that no term
of any member shall 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 they were appointed. 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 was made.
D.
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.
[Added 2-18-1980 by Ord. No. 6-80]
[Amended 2-18-1980 by Ord. No. 6-80]
If a vacancy of any class shall occur otherwise
than by expiration of term, it shall be filled by appointment as above
provided for the unexpired term. This subsection shall apply to members
and alternate members.
The Planning Board shall elect a Chairman and
Vice Chairman from the members of Class IV and select a Secretary
and an Assistant Secretary who may be either a member of the Planning
Board or a municipal employee designated by it.
There is hereby created the office of Planning
Board Attorney. The Planning Board may annually appoint, fix the compensation
of or agree upon the rate of compensation of the Planning Board Attorney
who shall be an attorney other than the Municipal Attorney.
The Planning Board may also employ or contract
for the services of experts and other staff and services as it may
deem necessary. The Board shall not, however, exceed, exclusive of
gifts or grants, the amount appropriated by the governing body for
its use.
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.
It shall also have the following powers and duties:
A.
To make, adopt and from time to time amend a Master
Plan for the physical development of the municipality, including any
areas outside its boundaries, which in the Board's judgment bear essential
relation to the planning of the municipality, in accordance with the
provisions of N.J.S.A. 40:55D-28.
C.
To approve conditional use applications in accordance with the provisions of Chapter 217, Zoning, pursuant to N.J.S.A. 40:55D-67.
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 continuous planning process.
F.
To annually prepare a program of municipal capital
improvement projects projected over a term of six years, and amendments
thereto, and to recommend the same to the governing body.
G.
To consider and make a report to the governing body
within 35 days after referral as to any proposed development regulations
submitted to it pursuant to the provisions of N.J.S.A. 40:55D-26a,
and also to pass upon other matters specifically referred to the Planning
Board by the governing body, pursuant to the provisions of N.J.S.A.
40:55D-26b.
H.
When reviewing applications for the 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)
Variances pursuant to Subsection 57c of P.L. 1975,
c. 291, (N.J.S.A. 40:55D-70c) 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.
(2)
Direction pursuant to Section 25 of said Act for the
issuance of permits for buildings or structures in the bed of a mapped
street or public drainageway, flood control basin or public area reserved
pursuant to Section 23 of said Act.
(3)
Direction pursuant to Section 27 of said Act for the
issuance of a permit for a building or structure not related to a
street.
(4)
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 the issuance
of a permit, as the case may be.
I.
To report on the Township Official Map pursuant to
N.J.S.A. 40:55D-32.
K.
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.
A.
Minor subdivisions. Minor subdivision approvals 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. 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, 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 must be signed by the
Chairman and Secretary of the Planning Board before it will be accepted
for filing by the county recording officer.
B.
Preliminary approval of major subdivisions. 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.
Ancillary powers. Whenever the Planning Board is called upon to exercise its ancillary powers before the granting of a variance as set forth in § 111-7H, the Planning Board shall grant or deny approval of the application within 95 days after submission by the developer 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 approval of the application, and a certificate of the administrative officer as to the failure of the Planning Board to act shall be issued on request of the applicant.
D.
Final approval.
(1)
Application for final subdivision of submission of
a complete application or within such further approval shall be granted
or denied within 45 days time as may be consented to by the applicant.
(2)
Final approval of a major subdivision shall expire
95 days from the date of 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 filing for an additional period not to exceed 190 days
from the date of the signing of the plat.
[Amended 11-19-1984 by Ord. No. 30-84]
A.
Applications for development within the jurisdiction
of the Planning Board pursuant to the provisions of P.L. 1975, c.
291, shall be filed with the Secretary or Clerk of the Planning Board.
The applicant shall file 15 copies of the plat for which review or
approval is sought and four copies of the application. At the time
of filing the application, the applicant shall also file all plot
plans, maps or other papers required by said application, by checklists
adopted by ordinance and by any of the provisions of this chapter
or any rule of the Planning Board. The applicant shall obtain all
necessary forms from the Secretary or Clerk of the Planning Board.
The Secretary or Clerk 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.
B.
The following application forms and checklists are
hereby established and adopted, all as available on file in the office
of the Township Clerk for public examination and acquisition:[1]
[Amended 5-18-1987 by Ord. No. 13-87; 8-21-1989 by Ord. No. 21-89; 2-19-1990 by Ord. No. 5-90]
(1)
Subdivision Application Form, Part A - General Information,
Form LS-A, Revised 4-1987.
(2)
Subdivision Application Form, Part B - Minor Approval
Checklist, Form LS-B1, Revised 10-1994.
[Amended 8-19-1991 by Ord. No. 26-91; 11-21-1994 by Ord. No. 23-94; 7-21-2003 by Ord. No. 23-03]
(3)
Subdivision Application Form, Part B - Preliminary
Approval Checklist, Form LS-B2, Revised 10-1996.
[Amended 8-19-1991 by Ord. No. 26-91; 11-21-1994 by Ord. No. 23-94; 11-18-1996 by Ord. No.
30-96; 6-17-2002 by Ord. No. 23-02; 7-21-2003 by Ord. No. 23-03; 11-15-2004 by Ord. No. 25-04]
(4)
Subdivision Application Form, Part B - Final Approval
Checklist, Form LS-B3, Revised 4-1992.
[Amended 5-18-1992 by Ord. No. 6-92; 6-17-2002 by Ord. No. 23-02; 7-21-2003 by Ord. No. 23-03; 6-21-2004 by Ord. No. 14-04]
(5)
Subdivision Application Form, Part C - Statement on
Variances/Waivers, Form LS-C, Revised 4-1989.
(6)
Minor Site Plan Submission Checklist, Form 80-23.
(7)
Site Plan Application Form, Part A - General Information,
Form SP-A, Revised 6-1993.
[Amended 6-21-1993 by Ord. No. 15-93; 7-21-2003 by Ord. No. 23-03]
(8)
Site Plan Application Form, Part B - Preliminary Approval
Checklist, Form SP-B1, Revised 10-1996.
[Amended 8-19-1991 by Ord. No. 26-91; 11-21-1994 by Ord. No. 23-94; 11-18-1996 by Ord. No.
30-96; 7-21-2003 by Ord. No. 23-03; 11-15-2004 by Ord. No. 25-04]
(9)
Site Plan Application Form, Part B - Final Approval
Checklist, Form SP-B2, Revised 4-1992.
[Amended 5-18-1992 by Ord. No. 6-92; 6-21-2004 by Ord. No. 14-04]
(10)
Site Plan Application Form, Part C - Statement
on Variances/Waivers, Form SP-C, Revised 4-1989.
(11)
Affidavit of Compliance (Final Site Plans),
Form SP-D, Revised 4-1989.
(12)
Affidavit of Compliance (Final Subdivisions),
Form LS-D, Revised 4-1989.
(13)
Site Plan Application Form, Part B - Minor Checklist,
Form SP-B3, Revised 10-1996.
[Added 6-21-1993 by Ord. No. 15-93; amended 12-20-1993 by Ord. No. 33-93; 11-18-1996 by Ord. No. 30-96; 7-21-2003 by Ord. No. 23-03]
(14)
Affidavit in support of request of waiver of
site plan/change of use, Form WSP.
[Added 5-16-1994 by Ord. No. 7-94; amended 11-20-2006 by Ord. No. 22-06]
[1]
Editor's Note: The application forms and checklists
are included at the end of this chapter.
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 Board. Such person or
persons shall serve at the pleasure of the Mayor.
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.
[Added 8-18-1986 by Ord. No. 26-86]
The Chairman may appoint a subdivision committee to be designated as the "Minor Subdivision Committee," which may hear and determine applications for minor subdivisions. It may grant approval or conditional approval to developments which conform to the definition of "minor subdivision" in Chapter 175, Subdivision of Land, § 175-25, Sketch plats. The Committee shall consist of three Planning Board members. The Committee may have two alternate members who must be regular or alternate Planning Board members.
[Added 7-19-1993 by Ord. No. 21-93]
The Chairman may appoint a Site Plan Committee to be designated as the "Minor Site Plan Committee," which may hear and determine applications for minor site plans. It may grant approval or conditional approval to developments which conform to the definition of "minor site plan" in Chapter 175, Subdivision of Land, § 175-25, Sketch plats. The Committee shall consist of three Planning Board members. The Committee may have two alternate members who must be regular or alternate Planning Board members.
