A.
There is hereby established, pursuant to N.J.S.A. 40:55D-1 et seq.
(Municipal Land Use Law), in the Township of Willingboro a Planning
Board of seven members consisting of the following classes:
B.
The members of Class IV shall hold no other municipal office. 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. Membership on a Township board or commission whose function
is advisory in nature, and the establishment of which is discretionary
and not required by statute, shall not be considered the holding of
municipal office.[2]
The term of the member composing Class I shall correspond with
the Mayor's 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
shall terminate at the completion of their respective terms of office,
whichever occurs first. The term of the Class IV member who is also
a member of the Environmental Commission shall be for three years
or shall terminate at the completion of the term of office as a member
of the Environmental Commission, whichever occurs first. The term
of all other Class IV members shall be for four years, provided that
nothing herein shall affect the term of any present member of the
Planning Board, each of whom shall continue in office until the completion
of the term for which the member was appointed. 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 a 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 the member requests one, may be removed by the Township Council
for cause. The term "cause" shall include but not be limited to absence
of a member from three consecutive regular meetings during one year,
except for illness or other justified reason.
The Planning Board shall elect a Chairperson and Vice Chairperson
from the members of Class IV and shall appoint a Secretary who may
or may not be a member or alternate member of the Planning Board or
a municipal employee.
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 Council for its use.
The Planning Board is authorized to 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, in accordance with the provisions
of N.J.S.A. 40:55D-28.
B.
C.
To issue permits for conditional uses. The term "conditional use" means a use permitted in a particular zoning district only upon a showing that such use in a specified location will comply with the conditions and standards for the location or operation of such use as contained in Chapter 370, Zoning, of the Code of the Township of Willingboro and upon the issuance of an authorization therefor by the Planning Board. During the period that the reasonable interim Zoning Ordinance of the Township is in effect, the term "conditional use" shall also mean "special use" and "temporary use," as those terms are applied in §§ 370-78 and 370-108 of the Code of the Township of Willingboro, and the powers delegated therein to the Zoning Board of Adjustment shall instead be exercised by the Planning Board. The Planning Board shall either issue or deny issuance of a conditional use permit within 95 days of submission of a complete application therefor by a developer to the Clerk, or within such further time as may be consented to by the applicant. The review by the Planning Board of a conditional use shall include any required site plan review. The time period for action by the Planning Board on conditional uses shall apply to such site plan review. Failure of the Planning Board to act within the period prescribed shall constitute approval of the application, and a certificate of the Clerk as to the failure of the Planning Board to act shall be issued on request of the applicant, and it shall be sufficient in lieu of the written endorsement or other evidence of approval herein required.
D.
To participate in the preparation and review of programs or plans
required by state or federal law or regulation.
E.
To assemble data on a continuing basis as a part of a continuous
planning process and to submit a report annually to the Township Council
thereon.
F.
To annually prepare a program of Township capital improvement projects
projected over a term of six years, and amendments thereto, and recommend
same to the Township Council.
G.
To consider and make report to the Township Council 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
to pass upon other matters specifically referred to the Planning Board
by the Township Council or the Zoning Board of Adjustment, pursuant
to the provisions of N.J.S.A. 40:55D-26b.
H.
Variances and permits.
(1)
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:
(a)
Variances pursuant to N.J.S.A. 40:55D-70c.
(b)
Direction pursuant to N.J.S.A. 40:5D-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.
(c)
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.
(2)
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.
J.
To perform such other advisory duties as are assigned to it by ordinance
or resolution of the Township Council for the aid and assistance of
the Township Council or other agencies or officers.
The Planning Board shall exercise its powers for the granting or denying of approval for minor and major subdivisions and for site plans in accordance with the time limitations set forth in Chapter 205, Land Subdivision and Site Plan Review, §§ 205-11, 205-21, 205-22, 205-53 and 205-54. Additionally, whenever the Planning Board is called upon to exercise its ancillary powers before the granting of a variance as set forth in § 60-7H, 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 Board Secretary as to the failure of the Planning Board to act shall be issued on request of the applicant.
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 or the Zoning Board of Adjustment an index of
the natural resources of the Township, the Planning Board or the Zoning
Board of Adjustment shall make available to the Environmental Commission
an informational copy of every application for development submitted
to either Board. Failure of the Planning Board or the Zoning Board
of Adjustment to make such informational copy available to the Environmental
Commission shall not invalidate any hearing or proceeding.
The Board shall adopt such rules and regulations as may be necessary
to carry into effect the provisions and purposes of this article.
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.
There is hereby established a Planning Board Subdivision Committee
to consist of three members of the Planning Board appointed by the
Chairperson, which shall exercise such powers as established by ordinance.
There shall be two alternate members in Class IV of the Planning
Board. The alternate members shall serve for terms of two years, provided
that the initial terms of such alternate members shall be one and
two years, respectively. They shall be appointed by the Township Council.
At the time of their appointment, the Mayor shall designate the alternate
members as "Alternate No. 1" and "Alternate No. 2." A vacancy occurring
otherwise than by expiration of 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 all matters but
may 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 Planning 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, Alternate No. 1 shall
vote.
