There is hereby established, pursuant to P.L. 1975, c. 291,[1] in the Township of Winslow, a Planning Board of nine (9)
members consisting of the following four (4) classes:
A.
Class I: the Mayor, or the Mayor's designee in the event of the Mayor's
absence. A Mayor's designee shall be by appointment of the Mayor.
The Mayor's designee shall be a Township resident of at least eighteen
(18) years of age and serve during the term of the Mayor. The Mayor's
designee shall hold no other municipal office, position or employment
as set forth for Class IV Planning Board Members.
[Amended 2-23-99 by Ord. No. 0-4-99; 5-25-99 by Ord. No. 0-8-99]
B.
Class II: one (1) 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 members.
C.
Class III: a member of the governing body, to be appointed by it.
D.
Class IV: six (6) 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 (1) member may be a member of the Zoning Board
of Adjustment and one (1) 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 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.
E.
Alternate members.
[Added 3-26-86 by Ord. No. 0-3-86]
(1)
Two (2) alternate members shall be appointed to the Township Planning
Board by the Mayor. The alternate members shall meet all the qualifications
of Class IV members of nine-member Planning Boards. The alternate
members shall be designated at the time of appointment by the Mayor
as "Alternate No. 1" and "Alternate No. 2." The terms of the alternate
members shall be for two (2) years, except that the terms of the alternate
members shall be such that the term of not more than one (1) alternate
member shall expire in any one (1) year provided, however, that in
no instance shall the terms of the alternate members first appointed
exceed two (2) years. A vacancy occurring otherwise than by expiration
of term shall be filled by the Mayor for the unexpired term only.
(2)
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.
(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. 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.
[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 (1) year or shall 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 (3) years or terminate
at the completion of his term of office as a member of the Environmental
Commission, whichever comes first.
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
chapter shall be so determined that, to the greatest practicable extent,
the expiration of such terms shall be evenly distributed over the
first four (4) years after their appointment as determined by resolution
of the governing body; provided, however, that no term of any member
shall exceed four (4) years, and further provided that nothing herein
shall affect the terms of any present members 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 (4) years except as otherwise herein
provided. All terms shall run from January 1 of the year in which
the appointment was made.
[Amended 4-23-13 by Ord. No. O-2013-011]
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.
The Planning Board shall elect a Chairman and Vice Chairman
from the members of Class IV and shall 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 and 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 chapter.
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. The Board 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 the Land Subdivision Ordinance and
Site Plan Review Ordinance[1] of the municipality 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.).
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 (6) years, and amendments thereto, and
recommend the same to the governing body.
G.
To consider and make a report to the governing body within thirty-five
(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 governing body pursuant to the provisions of N.J.S.A.
40:55D-26b.
H.
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:
(2)
(3)
Direction pursuant to Section 27 of said Act[6] for the issuance of a permit for a building or structure
not related to a street.
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.
[6]
Editor's Note: See N.J.S.A. 40:55D-36.
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.
[Repealed 5-24-89 by Ord. No. 0-27-89]
A.
Minor subdivisions.
(1)
Minor subdivision approvals shall be granted or denied within forty-five
(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 one
hundred ninety (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,[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 of major subdivisions.
(1)
Upon submission of a complete application for a subdivision of ten
(10) or fewer lots, the Planning Board shall grant or deny preliminary
approval within forty-five (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 ten (10) lots, the Planning Board shall grant or deny preliminary
approval within ninety-five (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.
Ancillary powers. Whenever the Planning Board is called upon to exercise its ancillary powers before the granting of a variance as set forth in Article I, § 40-7H of this chapter, the Planning Board shall grant or deny approval of the application within ninety-five (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 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 forty-five (45) days of the 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 ninety-five (95)
days from the date of signing of the plat unless within such period
of 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 one
hundred ninety (190) days from the date of signing of the plat.
[Amended 7-21-98 by Ord. No. 0-14-98]
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 Secretary of the Planning Board.
The applicant shall file, at least thirty (30) days before the date
of the monthly meeting of the Board, three (3) copies of a sketch
plat, three (3) copies of an application for minor subdivision approval,
three (3) copies of an application for major subdivision approval
or three (3) 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 ten (10) days prior to the date set for
the hearing, the applicant shall also file all 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 Secretary of the Planning Board. The Secretary of the
Board 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 (1) 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.
