There is hereby established pursuant to the provisions of N.J.S.A.
40:55D-1 et seq in the Township of East Brunswick, a Planning Board
of nine (9) members.
[Amended 6-10-92 by Ord. No. 92-19]
A.
Class I: the Mayor.
B.
Class II: one (1) of the officials of the municipality, other than
a member of the Township Council, to be appointed by the Mayor, provided
that if there is an Environmental Commission, 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 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 Township Council, to be appointed by the
Township Council.
D.
Class IV: six (6) Class IV members who shall be appointed by the
Mayor. The members of Class IV shall hold no other municipal office,
position or employment, except that one (1) 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. If there
is a municipal environmental commission, the member of the environmental
commission who is also a member of the planning board, is required
by section 1 of P.L. 1968, c. 245 (C. 40:56A-1) shall be deemed to
be a Class IV Planning Board member, unless there be among the Class
IV or alternate members of the planning board both a member of the
zoning board of adjustment or historic preservation commission and
a member of the board of education, in which case the member common
to the planning board and municipal environmental commission shall
be deemed a Class II member of the planning board. For the purpose
of this section, membership on a municipal 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.
E.
Alternate Members.
There shall be two (2) alternate members who shall be appointed
by the Mayor, pursuant to N.J.S.A. 40:55D-23.1. The alternate members
shall meet the qualifications of class IV members and shall be designated
at the time of appointment as "Alternate No. 1" and "Alternate No.
2". The terms of the 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.
No alternate member shall be permitted to act on any matter in which
he has either directly or indirectly any personal or financial interest.
Any alternate member may, after public hearing if he requests one,
be removed by the governing body for cause. 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.
F.
Lack of Quorum.
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 (C. 40:55D-23) or section 13 of P.L. 1979, c. 291
(C. 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 chairman of the Board of Adjustment shall make
the choice.
A.
The term of the Mayor shall correspond to his official tenure.
B.
The terms of the members comprising the Class II and Class III members
of the Planning Board 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.
C.
The term of a Class II or Class IV member who is also a member of
the Environmental Commission shall be for three (3) years or shall
terminate at the completion of his term of office as a member of the
Environmental Commission, whichever occurs 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 body or at the completion of his Class
IV term, whichever occurs first.
E.
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 (4) years after the appointment; provided, however, that
no term of any member shall exceed four (4) years and provided further
that nothing herein shall affect the terms of any citizen 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 hereinabove provided.
F.
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 alternate shall expire in any one 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 appointing authority
for the unexpired term only.
If a vacancy in any class shall occur otherwise than by expiration
of the Planning Board 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 he requests one, may be removed
by the Township Council for cause.
A.
The Planning Board shall elect a Chairman and a Vice Chairman from
the members of Class IV, select a Secretary who may or may not be
a member of the Planning Board or a municipal employee and create
and fill such other offices as may be established by the rules and
regulations of the Planning Board.
B.
The Planning Board may employ or contract for and fix the compensation
of legal counsel, other than the Municipal Attorney, and experts and
other staff and services as it may deem necessary, not exceeding,
exclusive of gifts or grants, the amount appropriated by the Township
Council for its use.
C.
The Planning Board shall adopt such rules and regulations as may
be necessary to carry into effect the powers granted to it by this
chapter.
D.
Minor Site Plan Committee
The minor site plan committee shall be appointed by the Chairperson
of the Planning Board and shall consist of three (3) Class IV members
of the Planning Board. The Director of the Department of Planning
and Engineering or his/her designee shall serve on the Committee as
its staff liaison and consultant, without vote. The Committee shall
meet at such times as shall be required by the submission of development
applications for its review.
The Committee shall recommend approval or disapproval to the
Planning Board upon such terms and conditions as may be necessary
or appropriate and shall issue a report of its recommendation to the
Planning Board. Such report shall be considered at the next regularly
scheduled action meeting of the Planning Board at which time the Planning
Board shall vote to approve, to disapprove or to modify the report
of the Minor Site Plan Committee. If approved by the Planning Board,
the recommendations of the Minor Site Plan Committee shall constitute
the decision of the Planning Board on each applications contained
in the report, and no further site plan or subdivision approval shall
be required or any application therein.
Any Planning Board member may require the Planning Board to
consider separately from the report of the Committee any application
contained in such report upon request made to the Chairperson of the
Planning Board. Such application shall thereupon be considered by
the Planning Board and voted upon separately.
The Planning Board shall follow the provisions of c. 291, P.L.
1975 (N.J.S.A. 40:55D-1 et seq.), and shall perform the following
functions and duties:
A.
Prepare and, after public hearing, adopt and from time to time amend a master plan or component parts thereof, to guide the use of lands within the township in a manner which protects public health and safety and promotes the general welfare and which is otherwise consistent with the purposes of this chapter, as set forth in Article I hereof, and with N.J.R.S. 40:55D-28.
B.
Review and approve, modify or deny, with or without conditions, site
plans, subdivisions and conditional uses and, in doing so, administer
the provisions of this chapter in accordance with the provisions of
the Municipal Land Use Law, c. 291, P.L. 1975 (N.J.S.A. 40:55D-1 et
seq.).
C.
Participate in the preparation and review of programs or plans required
by state or federal law or regulations.
D.
Assemble data on a continuing basis as part of a continuous planning
process.
E.
Prepare, annually, a program of municipal capital improvement projects
projected over a term of six (6) years, and amendments thereto and
recommend same to the Township Council.
F.
Consider and report to the Township Council, within thirty five (35)
days after referral to the Planning Board, as to any proposed development
regulation or revision or amendment thereto and the Zoning Ordinance
and any amendment or revision thereto submitted to it pursuant to
the provisions of N.J.R.S. 40:55D-26a and consider and pass upon other
matters specifically referred to the Planning Board by the Township
Council pursuant to the provisions of N.J.R.S. 40:55D-26b.
G.
When reviewing applications for approval of subdivision plats, site
plans or conditional uses, grant, to the same extent and subject to
the same restrictions as the Zoning Board of Adjustment:
H.
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 governing body or other agencies or township officials.
I.
Hear and decide requests for interpretation of all township ordinances
related to the powers, functions and duties generally performed by
the Planning Board, other than the Zoning Ordinance.
At the request of an applicant, the Planning Board may informally
review a concept plan for a development. The applicant and Planning
Board shall not be bound by any concept plan for which review is requested.
Any municipal body, including the Township Council, or any township
department director or division manager having final authority over
the matters within his particular jurisdiction, before taking final
action on any matter before him relating to land use and development,
may refer such matter to the Planning Board for its recommendations,
except for any matter under the jurisdiction of the Board of Adjustment.
Such reference shall not extend the time for action by the referring
body or official, if any is applicable, whether or not the Planning
Board has submitted its report. Whenever the Planning Board shall
make a recommendation under this subsection, such recommendation shall
be followed by the municipal body or official unless, in the case
of a municipal body, the recommendation is rejected or modified by
a majority of the full authorized membership of such body.
The Mayor may appoint one (1) or more persons as citizens' advisory
committees 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 township
(Natural Resources Inventory), the Planning Board shall make available
to the Environmental Commission an information copy of every application
for development submitted 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.
The Secretary of the Planning Board is designated as the official
who shall prepare and issue certificates as to the approval of a subdivision
of land, pursuant to N.J.S.A. 40:55D-56.
[Amended 12-11-95 by Ord. No. 95-43]
Notice by personal service or certified mail and regular mail
shall be made by the East Brunswick Township Clerk to all property
owners whose land is the subject of an ordinance to rezone, subject
to the remaining provisions of this section. Notice will be given
to all property owners within 200 feet of the property to be rezoned
no later than ten (10) days prior to Township Council Public hearing.
If any adjacent property owner is a member of a homeowners association,
notice shall be given to the homeowners association and not to the
individual owners of homes whose members belong to the homeowners
association. If more than 50 properties are the subject of the proposed
rezoning, the Township Clerk shall take a block advertisement in a
newspaper advising of the rezoning and referring to the streets which
are affected. All notice shall be given prior to the public hearing
on the ordinance. Notice shall state the date, time and place of the
hearing, the nature of the matter to be considered and an identification
of the affected zoning districts and proposed boundary changes, if
any, by street names, common names or other identifiable landmarks,
and by reference to lot and block numbers as shown on the current
tax duplicate in the municipal tax assessor's office. The municipal
clerk shall execute affidavits of proof of service of the notices
required by this section, and shall keep the affidavits on file along
with the proof of publication of the notice of the required public
hearing on the proposed zoning ordinance change. Costs of the notice
provision shall be the responsibility of the proponent of the amendment.
