[Amended 2-21-1978 by Ord. No. 78-2; 6-17-1986 by Ord. No. 86-5]
There is hereby established pursuant to P.L. 1975, c. 291,[1] in the Borough of Penns Grove a Planning Board of nine
members, consisting of the following four classes:
A.
Class I: the Mayor.
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 or alternate
members.
C.
Class III: a member of the governing body to be appointed by it.
D.
Class IV: six other citizens of the municipality and two alternate
members 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 Zoning Board of Adjustment or Historic Preservation Commission.
No member of the Board of Education may be a Class IV member of the
Planning Board, except that in the case of a nine-member board, one
Class IV 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 or alternate 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 Commission shall be deemed to be the Class II member
of the Planning Board.
[Amended 7-5-2017 by Ord.
No. 2017-5]
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
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 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 2-21-1978 by Ord. No. 78-2; 6-17-1986 by Ord. No. 86-5]
B.
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 his
Class IV term, whichever occurs first.
C.
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 appointments 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 terms
for which they were 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. The alternates in Class IV shall be
appointed for terms of two years, as provided in N.J.S.A. 40:55D-23.1,
and shall be designated by the Mayor, at the time of their appointment,
as "Alternate No. 1" and "Alternate No. 2."
[Amended 6-17-1986 by Ord. No. 86-5]
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.
[Amended 4-1-1997 by Ord.
No. 97-8]
A.
The Planning Board shall elect a Chairman and Vice Chairman from
the members of Class IV.
B.
Position established. There is hereby created the position of Municipal
Land Use Secretary.
(1)
Duties of Municipal Land Use Secretary. Said Municipal Land Use Secretary
shall perform all duties formerly done by the Planning Board Secretary
and aid the Zoning Official in his/her duties as set forth herein
and elsewhere.
[Amended 7-5-2017 by Ord.
No. 2017-5]
(2)
The compensation of the Municipal Land Use Secretary shall be prescribed
by the annual Salary Ordinance.
[Amended 7-5-2017 by Ord.
No. 2017-5]
(3)
The appointment will be for one year and will be included in the provisions of § 103-1A(12).
(4)
This appointment will be made by the Mayor and Council with the review
and input of the Planning Board.
[Amended 7-5-2017 by Ord.
No. 2017-5]
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 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. 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 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.
B.
To administer the provisions of Chapter 400, Subdivision of Land, Chapter 375, Site Plan Review, and site plan review provisions of Chapter 450, Zoning, of the Borough Code in accordance with the provisions of said ordinances and the Municipal Land Use Law, P.L. 1975, c. 291, N.J.S.A. 40:55D-1 et seq.
C.
To approve conditional use applications in accordance with the provisions of Chapter 450, 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 recommend
the same to the governing body, if requested by the governing body.
G.
To consider and make report to the governing body 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 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.
Variances.
(1)
When reviewing applications for approval of subdivision plats, site
plans or conditional uses, to grant:
[Amended 7-5-2017 by Ord.
No. 2017-5]
(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.
I.
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.
J.
Additional powers of Planning Board. The Planning Board shall also
exercise the powers previously granted to the Borough of Penns Grove
Zoning Board of Adjustment. To that end, the Planning Board shall
have the authority to:
[Added 10-20-1998 by Ord.
No. 98-16]
(1)
Hear and decide appeals where it is alleged by the appellant that there is error in any order, requirement, decision or refusal made by an administrative officer or based on or made in the enforcement of Chapter 450, Zoning. An appeal to the Board pursuant to this subsection shall stay all proceedings in furtherance of the decision which was appealed unless the officer from whose action the appeal is taken certifies to the Board after the notice of appeal shall have been filed with him that, by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed other than by order of the Superior Court of New Jersey upon notice to the officer from whom the appeal is taken and on due cause shown.
(2)
Hear and decide, in accordance with the provisions of any such ordinance,
requests for interpretation of the Zoning Map or ordinance or for
decisions upon other special questions upon which the Board is authorized
to pass by a zoning or official map ordinance in accordance with N.J.S.A.
40:55D-1 et seq.
(3)
Where, by reason of exceptional narrowness, shallowness or shape of a specific piece of property or by reason of exceptional topographic conditions or by reason of other extraordinary and exceptional situation or condition of such piece of property, the strict application of any regulation in Chapter 450, Zoning, would result in peculiar and exceptional practical difficulties to, or exceptional and undue hardship upon, the developer of such property, grant, upon an application or an appeal relating to such property, a variance from such strict application of such regulation so as to relieve such difficulties or hardship; provided, however, that no variance shall be granted under this subsection to allow a structure or use in a district restricted against such structure or use.
(4)
Grant a variance to allow a structure or use in a district restricted against such structure or use in particular cases and for special reasons, but only by the affirmative vote of at least 2/3 of the fully authorized membership of the Board. No variance or other relief may be granted under the provisions of this subsection unless such variance or other relief can be granted without substantial detriment to the public good and will not substantially impair the intent and purpose of the zone plan and Chapter 450, Zoning. The Class I and Class III members of the Planning Board shall not participate in or vote upon any application for a use variance brought under this subsection pursuant to N.J.S.A. 40:55D-70d.
(5)
Direct the issuance of a permit pursuant to N.J.S.A. 40:55D-34 for
a building or structure in the bed of a mapped street or public drainageway
or flood control basin or public area reserved on the Official Map.
(6)
Direct the issuance of a permit pursuant to N.J.S.A. 40:55D-36 for
a building or structure on a lot not abutting a street as required
by N.J.S.A. 40:55D-35.
[Amended 7-5-2017 by Ord.
No. 2017-5]
Applications for development within the jurisdiction of the
Planning Board pursuant to the provisions of P.L. 1975, c. 291,[1] shall be filed with the Municipal Land Use Secretary.
The applicant shall file at least 10 days before, but no more than
four days before, the date of the monthly meeting of the Board six
copies of a sketch plat; six copies of an application for minor subdivision
approval; six copies of an application for major subdivision approval;
or six copies of an application for a site plan review, conditional
use approval or planned development, if such applications are provided
for or required by ordinance of this municipality. At the time of
filing the application, but in no event less than 10 days prior to
the date set for hearing, the applicant shall also file all plot plans,
maps or other papers required by virtue of any provision of this Part
1 or any rule of the Planning Board. The applicant shall obtain all
necessary forms from the Municipal Land Use Secretary. The Municipal
Land Use Secretary shall inform the applicant of the steps to be taken
to initiate applications and of the regular meeting dates of the Board.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
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.[1]
[1]
Editor's Note: Former Art. II, Zoning Board of Adjustment,
which immediately followed this section, was repealed 10-20-1998 by
Ord. No. 98-16, effective 1-1-1999. As of that date, the Borough of
Penns Grove Zoning Board of Adjustment shall no longer exist and all
applications and matters pending before the Zoning Board of Adjustment
shall be transferred to the Borough of Penns Grove Planning Board
for disposition.
