[Ord. No. 2-79 § 401; Ord. No. 1-80 § 15; Ord. No. 8-86 §§ 6, 7]
The Planning Board of nine members established pursuant to P.L.
1975, Chapter 291 (N.J.S. 40:55D-11 and following) is hereby continued.
The Planning Board shall consist of four classes of members as follows:
Class I - The Mayor
Class II - One of the officials of the Township other than a
member of the governing body, to be appointed by the Mayor, provided
that the member of the Environmental Commission who is also a member
of the Planning Board as required by law shall be deemed to be the
Class II Planning Board member for purposes of this section in the
event that there be 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.
Class III - A member of the governing body to be appointed by
it.
Class IV - Six citizens of the municipality to be appointed
by the Mayor. The members of Class IV shall not hold any other municipal
office, position or employment except that one such member may be
a member of the Zoning Board of Adjustment and one member may be a
member of the Board of Education. The member of the Environmental
Commission who is also a member of the Planning Board shall be a Class
IV Planning Board member, unless there be among the Class IV or alternate
members both a member of the Zoning Board of Adjustment and a member
of the Board of Education, in which case the member common to the
Planning Board and the Environmental Commission shall be deemed a
Class II member of the Planning Board.
The Mayor may appoint not more than two alternate members of
the Planning Board. Such alternate members shall meet the qualifications
of Class IV members. 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 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.
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.
For purposes 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.
[Ord. No. 2-79 § 402.1]
The term of the member composing Class I shall correspond with
his official tenure.
[Ord. No. 2-79 § 402.2]
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 this term of office as a member of the Environmental Commission,
whichever occurs first.
[Ord. No. 2-79 §§ 402.3,
402.4]
a.
The term of a Class IV member who is also a member of the Zoning
Board of Adjustment or the Board of Education shall terminate whenever
he is no longer a member of such other body at the completion of his
Class IV term, whichever occurs first.
b.
The terms of all Class IV members first appointed pursuant to this
chapter shall be so determined by resolution of the Township Committee
that to the greatest extent practicable the expiration of such terms
shall be evenly distributed over the first four years after their
appointment, provided that the initial term of any such Class IV member
shall not exceed four years. Nothing herein shall affect the terms
of any person who was a member of the Planning Board on August 1,
1976, and any such member shall continue in office until the completion
of the term for which he was appointed. Thereafter, the term of such
Class IV member shall be four years except as otherwise herein provided.
All terms shall run from January 1 of the year in which the appointment
was made.
[Ord. No. 2-79 § 403]
If a vacancy in any class shall occur otherwise than by expiration
of term, it shall be filled by appointment for the unexpired term.
[Ord. No. 2-79 § 404]
The Planning Board shall elect a chairman and a vice chairman
from the members of Class IV and select a secretary who may or may
not be a member of the Planning Board or a municipal employee.
[Ord. No. 2-79 § 405]
The office of Planning Board Attorney is hereby continued. The
Planning Board may annually appoint and, subject to the appropriation
of funds, fix the compensation of the Planning Board Attorney, who
shall be an attorney other than the Township Attorney or Zoning Board
of Adjustment Attorney.
[Ord. No. 2-79 § 406]
The Planning Board may employ or contract for the services of
experts and other staff and services as it may deem necessary. The
Board shall not, however, exceed the amount appropriated by the Township
Committee for its use, exclusive of gifts or grants.
[Ord. No. 2-79 § 407]
The Planning Board shall be governed by and shall have such
powers as are conferred upon it by P.L. 1975, Chapter 291 (N.J.S.
40:55D). More specifically, the Planning Board shall have authority
as in the following subsections.
[Ord. No. 2-79 § 407.1; Ord. No. 8-86 § 8]
Prepare, adopt and, from time to time, amend or revise a Master
Plan meeting the requirements of Article 3 of the Municipal Land Use
Law, N.J.S. 40:55D-28, as amended.
[Ord. No. 2-79 § 407.2]
Exercise control over the review of subdivisions and site plans
in accordance with Article 6.
[Ord. No. 2-79 § 407.3]
Exercise control over the granting of applications for conditional
uses.
[Ord. No. 2-79 § 407.4; Ord. No. 2-84 § 10]
Whenever the proposed development requires approval pursuant to this chapter of a subdivision, site plan or conditional use, but not a variance pursuant to Subsection 30-47.4 of this chapter, the Planning Board shall have the power to grant to the same extent and subject to the same restrictions as the Zoning Board of Adjustment:
b.
Direction pursuant to Section 25 of P.L. 1975, Chapter 291 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
on an official map.
c.
Direction pursuant to Section 27 of P.L. 1975, Chapter 291 issuance
of a permit for a building or structure not related to a street.
[Ord. No. 2-79 § 407.4A; Ord. No. 20-84 § 11]
The developer may elect to submit a separate application requesting
approval of the variance or direction of the issuance of a permit
and a subsequent application for any required approval of a subdivision,
site plan or conditioned use. The separate approval of the variance
or direction of the issuance of a permit shall be conditional upon
grant of all required subsequent approvals by the Planning Board.
No such subsequent approval shall be granted unless the approval can
be granted without substantial detriment to the public good and without
substantial impairment of the intent and purpose of the zone plan
and zoning ordinance.
[Ord. No. 2-79 § 407.5]
Exercise such other duties as may be assigned to it by ordinance
or resolution of the governing body and perform such other functions
as may be authorized by P.L. 1975, Chapter 291 and other State statutes
and administrative regulations.
[Ord. No. 2-79 § 408.1; Ord. No. 8-86 § 9]
Prior to the adoption of a development regulation, revision
or amendment thereto, the Planning Board shall make and transmit to
the governing body, within 35 days after referral, a report including
identification of any provisions in the proposed development regulation,
revision or amendment which are inconsistent with the Master Plan
and recommendations concerning such inconsistencies and any other
matters as the Planning Board deems appropriate.
The governing body, when considering the adoption of a development
regulation, revision or amendment thereto, shall review the report
of the Planning Board and may disapprove or change any recommendation
by a vote of a majority of its full authorized membership and shall
record in its minutes the reasons for not following such recommendation.
Failure of the Planning Board to transmit its report within
the thirty-five-day period provided herein shall relieve the governing
body from the requirements of this section in regard to the proposed
development regulation, revision or amendment thereto referred to
the Planning Board.
Nothing in this section shall be construed as diminishing the
application of the provisions of N.J.S. 40:55D-32 to any official
map or an amendment or revision thereto or of N.J.S. 40:55D-62(a)
to any zoning ordinance or any amendment or revision thereto.
[Ord. No. 2-79 § 408.2; Ord. No. 20-84 § 12]
The governing body may by ordinance provide for the reference
of any matter or class of matters to the Planning Board before final
action thereon by a municipal body or municipal officer having final
authority thereon except that the governing body may not require referral
to the Planning Board of any matter under the jurisdiction of the
Zoning Board of Adjustment. Whenever the Planning Board shall have
made a recommendation regarding a matter as authorized by law to another
municipal body, such recommendation may be rejected only by a majority
of the full authorized membership of such other body.
[Ord. No. 2-79 § 409; Ord. No. 9-79 § 24; Ord. No. 20-84 § 13; Ord. No. 8-86 § 10; Ord.
No. 26-90 § 2]
Whenever an application for approval of a subdivision plat, site plan or conditional use includes a request for relief pursuant to Subsection 30-28.4 of this chapter, the Planning Board shall grant or deny approval of the application within 120 days after submission by a developer of a complete application to the Board Manager of the Planning Board or within such further time as may be consented to by the applicant. In the event that the developer elects to submit separate consecutive applications, the aforesaid provision shall apply to the application for approval of the variance or direction for issuance of a permit. The period for granting or denying any subsequent approval shall be as otherwise provided in this chapter. 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, and it shall be sufficient in lieu of the written endorsement or other evidence of approval herein required, and shall be so accepted by the county recording officer for purposes of filing subdivision plats.
Whenever an applicant wishes to claim approval of his application
for development by reason of the failure of the Planning Board to
grant or deny approval within the applicable time period, the applicant
shall comply with the procedural requirements of N.J.S. 40:55D.
[Ord. No. 2-79 § 410]
The Planning Board shall have the power to review and approve
or deny conditional uses, variances or site plans simultaneously with
review for subdivision approval without the developer being required
to make further application to the Planning Board, or the Planning
Board being required to hold further hearings. The longest time for
action by the Planning Board, whether it be for subdivision, conditional
use or site plan approval, shall apply. Whenever approval of a conditional
use is requested by the developer pursuant to this subsection, notice
of the hearing on the plat shall include reference to the request
for such conditional use, variance or site plan.
[Ord. No. 2-79 § 411; Ord. No. 1-80 § 16]
A member of the Planning Board who was absent from one or more
of the meetings at which a hearing was held shall be eligible to vote
on the matter upon which the hearing was conducted notwithstanding
his absence from one or more meetings, provided that such member has
available to him the transcript or recording of all of the hearing
from which he was absent and certifies in writing to the Board that
he has read such transcript or listened to such recording.
[Ord. No. 2-79 § 412]
After the appointment of a Planning Board, the Mayor may appoint
one or more persons as a Citizen's 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.
[Ord. No. 2-79 § 413]
Whenever an 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 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.
[Ord. No. 98-024 § 3; Ord. No. 2000-023 § 3; repealed
by Ord. No. 2018-12]
[Ord. No. 2-79 § 414]
Whenever the Planning Board shall have adopted any portion of
the Master Plan, the governing body or other public agency having
jurisdiction over the subject matter, before taking action necessitating
the expenditure of any public funds, incidental to the location, character
or extent of such project, shall refer the action involving such specific
project to the Planning Board for review and recommendation in conjunction
with such Master Plan and shall not act thereon, without such recommendation
or until 45 days have elapsed after such reference without receiving
such recommendation. This requirement shall apply to action by a housing,
parking, highway, special district, or other authority, redevelopment
agency, school board or other similar public agency, State, County
or municipality.
[Ord. No. 8-86 § 11]
On or before August 1, 1988 the Planning Board shall complete
a general reexamination of the Master Plan and Township development
regulations. Such reexamination shall meet the requirements of Section
76 of the Municipal Land Use Law, N.J.S. 40:55D-89.
The Planning Board shall prepare and adopt by resolution a report
on the findings of such reexamination, and copies of the report and
resolution shall be filed with the County Planning Board and forwarded
to the municipal clerk of each adjoining municipality.
Subsequent reexaminations shall be completed at least once every
six years from the previous reexamination.
The absence of the adoption by the Planning Board of any reexamination
report as required by this section shall constitute a rebuttable presumption
that the Township development regulations are no longer reasonable.
