[Amended 12-14-1994 by Ord. No. 94:17; 12-13-2000 by Ord. No.
2000:17]
A.
There is hereby established, pursuant to P.L. 1975, c. 291,[1] in the Borough of Somerdale a Planning Board of nine members,
consisting of the following four classes:
(1)
Class I: the Mayor.
(2)
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 is a member of the Board of Education among the Class
IV members.
(3)
Class III: a member of the governing body, to be appointed by it.
(4)
Class IV: six other citizens of the municipality, 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 unless there are among the Class IV members
of the Planning Board both a member of the Board of Education, in
which case the member of the Environmental Commission shall be deemed
to be a Class II member of the Planning Board.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
B.
There is hereby established two alternate members of the Planning
Board, to be appointed by the Mayor, who shall meet the qualifications
of Class IV members (as set forth above). Alternate members shall
be designated at the time of appointment by the Mayor as Alternate
No. 1 and Alternate No. 2. The terms of these 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 term shall be
filled by the Mayor for the unexpired term only.
A.
The term of the member composing Class I shall correspond with his
official tenure.
B.
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.
C.
The term of a Class II or Class IV 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.
D.
The term of a Class IV 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 the
Class IV term, whichever occurs first.
E.
The terms of all Class IV members first appointed pursuant to this
Part 1 shall be so determined that, to the greatest practicable extent,
the expiration of such terms 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.
F.
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 above provided for the
unexpired term.
A.
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.
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.
[Amended 12-13-2000 by Ord. No. 2000:17; 9-12-1990 by Ord. No.
90:09]
The Planning Board shall 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 Borough, including any areas outside its
boundaries, which, in the Board's judgment, bear essential relation
to the planning of the Borough in accordance with the provisions of
N.J.S.A. 40:55D-28.
B.
To administer the provisions of the Land Subdivision Ordinance and
Site Plan Review Ordinance of the Borough[1] in accordance with the provisions of said ordinances and
the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.
D.
To participate in the preparation and review of programs or plans
required by state and 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 Mayor and Council.
G.
To consider and make a report to the Mayor and 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 Mayor and Council pursuant to the provisions of N.J.S.A. 40:55D-26b.
H.
Relief.
(1)
When reviewing applications for approval of subdivisions, plats,
site plans or conditional uses, to grant, to the same extent and subject
to the same restrictions as a Zoning Board of Adjustment is allowed
by N.J.S.A. 40:55D-1 et seq.
(a)
Variances, pursuant to N.J.S.A. 40:55D-70c.
(b)
Direction, pursuant to N.J.S.A. 40:55D-34, for the 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 the issuance
of a permit for a building or structure not related to a street.
(2)
Whenever relief is required 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.
I.
To perform such other advisory duties as are assigned to it by ordinance
or resolution of the Mayor and Council for the aid and assistance
of the Mayor and Council or other agencies or officers.
J.
To exercise, to the same extent and subject to the same restrictions,
all the powers of a Zoning Board of Adjustment; but the Class I and
the Class II members shall not participate in the consideration of
applications for development which involve relief pursuant to Subsection
d. of section 57 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-70).
[Amended 9-12-1990 by Ord. No. 90:09]
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 the Planning Board approval unless, within
such period, a plat in conformity with such approval and the provisions
of the Map Filing Law[1] 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.
[1]
Editor's Note: See N.J.S.A. 46:23-9.9 et seq.
B.
Preliminary approval for 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 120 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 to exercise its ancillary powers before the granting of a variance set forth in Article II, § 162-8H, this Part 1, 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 designated in § 162-10 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 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.
(2)
Final approval of a major subdivision shall expire 95 days from the
date of signing 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 of
recording for an additional period not to exceed 190 days from the
date of the plat.
[Amended 7-8-1998 by Ord. No. 98:08]
Applications for development with the jurisdiction of the Planning
Board pursuant to the provisions of the New Jersey Municipal Land
Use Law, N.J.S.A. 40:55D-1 et seq., shall be filed with the Planning
Board Secretary or the designated representative of the Planning Board.
The applicant shall file, at least 14 days before the date of the
monthly meeting of the Board, five copies of application for minor
subdivision approval, five copies of applications for major subdivision
approval or five copies of an application for site plan review, conditional
use approval or planned development. 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 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 Planning
Board Secretary or the designated representative of the Planning Board.
The Planning Board Secretary or designated representative of the Planning
Board shall inform the applicant of the steps to be taken to initiate
applications and of the regular meeting dates of the 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 Board. Such person or persons shall
serve at the pleasure of the Mayor.
[Amended 9-12-1990 by Ord. No. 90:09; 12-13-2000 by Ord. No.
2000:17]
Whenever the Environmental Commission has prepared and submitted
to the Planning Board and the Zoning Board of Adjustment an index
of the natural resources of the municipality,[1] the Planning Board shall make available to the Environmental
Commission an informational copy of every application for development
submitted to either Board. Failure of the Board 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 Part 1. 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.
