[Amended by Ord. No. 1995-3]
There is established pursuant to the provisions of C. 291, P.L.
1975, in the Township, a Planning Board or a land use board of nine
members consisting of the following four classes:
A.
Class I. The Mayor, who shall not participate in the consideration
of applications for development which involve relief pursuant to N.J.S.A.
40:55D-70.
B.
Class II. One of the officials of the Township other than a member
of the Township Committee to be appointed by the Mayor.
C.
Class III. A member of the Township Committee to be appointed by
it. However, the Class III member shall not participate in the consideration
of applications for development which involve relief pursuant to N.J.S.A.
40:55D-70.
D.
Class IV. Six 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 member 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.
[Amended by Ord. No. 2002-5; Ord. No. 2005-41]
A.
In accordance with N.J.S.A. 40:55D-23.1, there is established two
alternate member positions for the Ocean Township Planning Board.
Such alternate members shall be appointed by the Mayor and shall meet
the qualifications of Class IV members of the Planning Board in accordance
with N.J.S.A. 40:55D-23. The alternate members shall be designated
at the time of the Mayor's appointment as Alternate No. 1 and Alternate
No. 2.
B.
Any vacancy occurring otherwise than by expiration of the term of
such alternate member shall be filled by the Mayor for the unexpired
term only. No alternate member shall be permitted to act in any manner
which he/she has either has, either directly or indirectly, any personal
or financial interest. Alternate members may, after public hearing,
if he/she requests one, be removed by the governing body for cause.
The alternate members may participate in all matters but not vote,
except in the absence or disqualification of a regular member of any
class. Participation of alternate members shall not be deemed to increase
the size of the Board established by ordinance of the governing body
pursuant to N.J.S.A. 40:55D-23. 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, the voting order shall be Alternate No. 1, Alternate No.
2.
C.
Alternate members may participate in all matters but not vote except
in the absence or disqualification of a regular member of any class.
Participation of alternate members shall not be deemed to increase
the size of the board established by ordinance of the governing body,
pursuant to N.J.S.A. 40:55D-23. 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, the voting order shall be Alternate No. 1, Alternate No.
2, Alternate No. 3 and Alternate No. 4.
[Amended by Ord. No. 2002-5]
A.
The term of the member composing Class I shall correspond with his/her
official tenure. The term of the member composing Class II shall be
for one year or terminate at the completion of his/her term of office
as a Township official, whichever occurs first. The term of the Class
IV member who is a member of the Environmental Commission shall be
for three years or terminate at the completion of his/her term of
office on the Environmental Commission, whichever comes first.
B.
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 terms shall be distributed evenly over the
first four years after their appointment; provided, however, that
the initial 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 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.
If a vacancy of any class shall occur otherwise than by expiration of term, it shall be filled by appointment as provided in § 209-19 for the unexpired term.
The Planning Board shall elect a Chairperson and Vice Chairperson
from the members of Class IV and select a Secretary, who may be either
a member of the Planning Board or a Township employee designated by
it.
There is 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 Township 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 Township Committee for its use.
[Amended by Ord. No. 1995-3; Ord. No. 2005-41]
The Planning Board is authorized to adopt bylaws governing its
procedural operation. It shall exercise the following powers and duties:
A.
To make and adopt or amend a master plan for the use of lands and
the development of the Township in accordance with the provisions
of N.J.S.A. 40:55D-28;
B.
To administer the provisions of Chapter 340, Subdivision and Site Plan Review, in accordance with the provisions of such chapter;
C.
To consider and make a report to the Township Committee within 35
days after referral of any proposed development regulation submitted
to it, and to advise whether the proposal is consistent with the Master
Plan, and if not, what recommendations should be made concerning the
inconsistencies as well as any other matters as the Board deems appropriate,
all in accordance with and 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 Township Committee, pursuant to the provisions
of N.J.S.A. 40:55D-26(b);
D.
To conduct, at least every six years and not later than August 1,
1988 and every six years thereafter, a general reexamination of the
Township Master Plan and development regulations and prepare a report
of its findings in compliance with N.J.S.A. 40:55D-89;
E.
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.
(1)
Variances pursuant to subsection 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 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 by an official
map adopted by the Township.
(3)
Whenever relief is requested pursuant to this section, 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.
F.
Whenever the Environmental Commission has prepared and submitted
to the Planning Board an index of the natural resources of the Township,
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;
G.
To exercise such other powers and perform such duties which this
Planning Board might become authorized, directed or obligated to undertake,
as set forth in N.J.S.A. 40:55D-25;
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 Township Engineer and the Township Tax Assessor. Any such plat
or deed shall be signed by the Chairperson and Secretary of the Planning
Board before it will be accepted for filing by the County Recording
Officer.
B.
Preliminary approval of major subdivision. The developer shall submit to the administrative officer a plat and such other information as is required in Chapter 340, Subdivision and Site Plan Review. If the application for development is found to be incomplete, the developer shall be notified thereof within 45 days of its submission of such application or it shall be deemed to be properly submitted. If the Planning Board requires any substantial amendment in the layout of improvement proposed by the developer that has been the subject of a hearing, an amended application shall be submitted and proceeded upon as in the case of the original application for development. The Planning Board shall, if the proposed subdivision complies with Chapter 340, Subdivision and Site Plan Review, and statute, grant preliminary approval to the subdivision.
(1)
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.
Preliminary approval of site plans. The developer shall submit to the administrative officer a site plan and such other information as is required in Chapter 340, Subdivision and Site Plan Review. If the application for development is found to be incomplete, the developer shall be notified thereof within 45 days of its submission of such application, or it shall be deemed to be properly submitted. If the Planning Board requires any substantial amendment in the layout of improvements proposed by the developer that have been the subject of a hearing, an amended application shall be submitted and proceeded upon as in the case of the original application for development. The Planning Board shall, if the proposed development complies with Chapter 340, Subdivision and Site Plan Review, and statute, grant preliminary site plan approval.
(1)
Upon the submission to the administrative officer of a completed
application for a site plan of 10 acres of land or less, the Planning
Board shall grant or deny preliminary approval within 45 days of such
submission or within such further time as may be consented to by the
developer. Upon the submission of a complete application for a site
plan of more than 10 acres, the Planning Board shall grant or deny
preliminary approval within 95 days of the date of such complete submission
or within such further time as may be consented to by the developer.
D.
Ancillary powers. Whenever the Planning Board is called upon to exercise its ancillary powers for the granting of relief as set forth in § 209-23, 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 Secretary of the Planning Board as to the failure of the Planning Board to act shall be issued upon request of the applicant.
E.
Final approval. 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.
(1)
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
recording for an additional period not to exceed 190 days from the
date of signing of the plat. The Planning Board may extend the ninety-five-day
or one-hundred-ninety-day period if the developer proves to the reasonable
satisfaction of the Planning Board that the developer was barred or
prevented, directly or indirectly, from filing because of delays in
obtaining legally required approvals from other governmental or quasi-governmental
entities; and that the developer applied promptly for and diligently
pursued the required approvals. The length of the extension shall
be equal to the period of delay caused by the wait for the required
approvals, as determined by the Planning Board. The developer may
apply for an extension either before or after the original expiration
date.
[Amended by Ord. No. 2000-15]
A.
All applications for development which are submitted to the Township
Land Use Board pursuant to the New Jersey Municipal Land Use Law,
shall be filed with the recording secretary for the Township's Land
Use Board. In the event the recording secretary is not available at
the time of filing, such applications may be presented to the Township
Clerk for filing. The applicant must file, at least 28 calendar days
prior to the date of the monthly meeting of the Board:
B.
The applicant shall obtain all necessary forms from the recording
secretary for the Township's Land Use Board. The recording secretary
shall inform the applicant of all steps to be taken to initiate applications
as well as the regular monthly meeting dates of the Township's Land
Use Board.
C.
In addition, at least five calendar days prior to the monthly meeting
of the Board, the applicant shall file with the Township Clerk an
affidavit of mailing, and an affidavit of publication, certifying
the applicant's compliance with the notification requirements of the
Ocean Township Land Use Board's procedural ordinances and Municipal
Land Use Law.
D.
In the event any interested person wishes to review any application,
plan, sketch, plat, map and/or other exhibit filed with the Township's
Land Use Board Secretary for review and/or consideration by the Township's
Land Use Board, such review shall be permitted during regular business
hours of the Township. Any interested person who requests copies of
any such documents on file with the Township's Land Use Board shall
be entitled to receive a copy of any such documents within a reasonable
time period, upon condition that the applicant pays the required reproduction
fees as mandated by the appropriate Township ordinances and/or state
statutes. In addition, if there is any document currently filed with
the Township's Land Use Board which cannot readily be photocopied
by equipment existing in the Township's municipal building, any interested
person, upon submitting a deposit of $100, may receive the original
of any such document and may retain same for a period of 48 hours
so as to obtain their own copy thereof. In the event such document
is not returned within 48 hours to the Township's Land Use Board secretary,
said deposit shall be forfeited to the municipality.
If the Planning Board lacks a quorum because any of its regular
or alternate members is prohibited by Subsection b of Section 14 of
P.L. 1975, c.291 (N.J.S.A.40:55D-23) or Section 13 of P.L. 1979, c.216
(N.J.S.A. 40:55D-23.1) from acting on a matter due to the member's
personal or financial interests therein, regular members of the Board
of Adjustment shall be called upon to serve, for that matter only,
as temporary members of the Planning Board in order of seniority of
continuous service to the Board of Adjustment until there are the
minimum number of members necessary to constitute a quorum to act
upon the matter without any personal or financial interest therein,
whether direct or indirect. If a choice has to be made between regular
members of equal seniority, the chairperson of the Board of Adjustment
shall make the choice.
