A.
There is hereby established, pursuant to N.J.S.A.
40:55D-1 et seq., in the Township, a Planning Board of nine members
consisting of the following four classes:
(2)
Class II. One of the officials of the Township other
than a member of the Township Committee, to appointed by the Mayor;
provided that 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 for purposes of
this chapter in the event that there be among the Class IV members
of the Planning Board a member of the Board of Education.[2]
(3)
Class III. A member of the Township Committee to be
appointed by it.
(4)
Class IV. 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 such member 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. 40:46A-1,
shall be a Class IV Planning Board member, unless there be among the
Class IV members of the Planning Board a member of the Board of Education,
in which case the member common to the Planning Board and Environmental
Commission shall be deemed a Class II member of the Planning Board.[3]
B.
Alternate members.
[Added 3-12-1997 by Ord. No. 03-97]
(1)
Pursuant to N.J.S.A. 40:55D-23.1, there shall be four
alternate members of the Planning Board. Alternate members shall be
appointed by the Mayor, and shall meet 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 two alternate members 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 other than by expiration of term shall be filled
by the Mayor for the unexpired term only.[4]
[Added 12-26-2007 by Ord. No. 2007-15[5]]
(2)
No alternate members shall be permitted to act on
any matter in which he or she has either directly or indirectly any
personal of financial interests. An alternate member may, after public
hearing if he requests one, be removed by the governing body for cause.
(3)
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 provided for herein. 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.
A.
The terms of the member composing Class I shall correspond
to his official tenure, or if the member is the Mayor's designee in
the absence of the Mayor, the designee shall serve at the pleasure
of the Mayor during the Mayor's 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 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.[1]
B.
The terms of all Class IV members first appointed
pursuant to this section 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 as determined
by resolution of the Township Committee, provided 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 terms for which they were appointed. Thereafter, all Class IV
members shall be appointed for terms of four years except as otherwise
hereinabove provided. All terms shall run from January I of the year
in which the appointment is made. Nothing in this section shall, however,
be construed to 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.[2]
If a vacancy in any class occurs other than
by expiration of term, it shall be filled by appointment as above
provided for the unexpired term. Any member other than a Class I member,
after a public hearing if he requests one, may be removed by the Township
Committee for cause.
The Planning Board shall elect a Chairman and
Vice Chairman from the members of Class IV and select a secretary
who may be either a member of the Planning Board or a municipal employee
designated by it.
[Amended 11-23-2010 by Ord. No. 2010-20]
There is hereby created the office of Planning
Board Attorney. The Planning Board may annually appoint the Planning
Board attorney, who shall be an attorney other than the municipal
attorney. Planning Board Attorney and Engineer shall be compensated
at the rate set by the Planning Board. The Planning Board Attorney
and Engineer shall bill the applicant's escrow for all time spent
on the applicant's application including time spent on the public
hearing of the application. Under no circumstances will the Planning
Board Attorney be compensated on a retainer or compensated with a
flat fee for meeting attendance in addition to the hourly billings.
[Amended 11-23-2010 by Ord. No. 2010-20]
The Planning Board may also employ or contract
for the services of experts and other staff and services as it may
deem necessary. Experts and staff shall be compensated at the rate
set by the Planning Board. The experts and staff shall bill the applicant's
escrow for all time spent on the applicant's application including
time spent on the public hearing of the application. Under no circumstances
will the experts and staff be compensated on a retainer or compensated
with a flat fee for meeting attendance in addition to the hourly billings.
The Planning Board shall adopt bylaws governing its procedural
operation. It shall also have the following powers and duties:
A.
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.
B.
To administer the provisions of the land subdivision
and site plan review regulations and requirements of the Township
in accordance with the provisions of the land use chapters and the
Municipal Land Use Law of 1975, N.J.S.A. 40:55D-1 et seq., and as
otherwise required by law.
C.
To participate in the preparation and review of programs
or plans required of the Planning Board by state or federal law or
regulations.
D.
To assemble data on a continuing basis as part of
a continuous planning process.
E.
Upon request, to assist the Township Committee in
preparation of a program of municipal capital improvement projects
and amendments thereto.
F.
To consider and make report to the Township Committee
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-26(a),
and also pass upon other matters specifically referred to the Planning
Board by the Committee, pursuant to the provisions of N.J.S.A. 40:55D-26(b).
G.
To review applications for conditional use approval.
H.
To perform such other advisory duties as are assigned
to it by ordinance or resolution of the Township Committee for the
aid and assistance of the Committee or other agencies or officers.[1]
I.
Commencing on April 1, 2008, the Zoning Board of Adjustment
will be dissolved pursuant to Ord. No. 2007-15, and the Planning Board
shall thereafter assume full responsibility for any matters that remained
unresolved and pending before the Zoning Board of Adjustment as well
as all the powers, duties and functions previously vested in the Zoning
Board of Adjustment, pursuant to N.J.S.A. 40:55D-25(c)(1). Thereafter,
the Class I and Class III members serving on the Planning Board shall
be precluded from participating in the consideration of applications
for development which involve applications pursuant to N.J.S.A. 40:55D-70(d)
("use variances").
[Added 12-26-2007 by Ord. No. 2007-15]
A.
When reviewing application 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:
(1)
Variances pursuant to N.J.S.A. 40:55D-70(c).
(2)
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.
(3)
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.
