There is hereby established in the Township
of Parsippany-Troy Hills a Planning Board of nine members consisting
of the following four classes:
A.
Class I: The Mayor.
B.
Class II: One of the Township officials other than
a member of the Township Council, to be appointed by the Mayor.
C.
Class III: A member of the Township Council to be
appointed by the Township Council.
D.
Class IV: Six citizens of Parsippany-Troy Hills to
be appointed by the Mayor, none of whom hold any Township office,
except that one member of the Board of Adjustment and one member of
the Board of Education may be a Class IV member of the Planning Board.
[Added 2-26-1980 by Ord. No. 80:3]
A.
The governing body may, by ordinance, provide for
the appointment to the Planning Board of not more than two alternate
members. Alternate members shall be appointed by the appointing authority
for Class IV members and shall meet the qualifications of Class IV
members of nine-member planning boards. Alternate members shall be
designated at the time of appointment by the Mayor as "Alternate No.
1" and "Alternate No. 2."
B.
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 appointing authority for the unexpired term only.
C.
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.
D.
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.
A.
The term of the Mayor shall correspond to his official
tenure.
B.
The terms of the members composing the Class II and
Class III members of the Board shall be for one year.
C.
All Class IV members shall be appointed for terms
of four years. The terms of the Class IV member who may be appointed
hereunder, who may also be a member of the Board of Adjustment or
the Board of Education, shall terminate when such member is no longer
a member of such other body or at the completion of his Class IV term,
whichever occurs first. Members of the Planning Board shall continue
in office until the completion of their terms.
D.
All terms shall run from January 1 in the year in
which the appointment is made.
The Planning Board shall elect a Chairman and
Vice Chairman from the members of Class IV and select a Secretary,
who shall be a municipal employee. The Planning Board Chairman may
appoint a Minor Subdivision and Site Plan Committee which shall act
as a classification committee and may, without notice and public hearing,
hear and determine applications for minor subdivisions and site plans.
A.
The Planning Board shall employ or contract for the
service of a Planning Board Attorney other than the Municipal Attorney
and for the services of such other and additional experts, staff and
services as it shall deem necessary and appropriate to the performance
by it of its duties and functions.
B.
The Planning Board may fix the compensation of or
agree upon the compensation or other remuneration to be paid to the
Attorney, such experts and staff. Such amount, however, shall not
exceed the amount appropriated by the Township Council for the use
of the Planning Board.
The Board shall adopt such rules and regulations
as may be reasonably necessary and appropriate to its functions. In
the issuance of subpoenas, administration of oaths and the 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 Planning Board shall have the power to:
A.
Prepare and, after public hearing, to adopt or amend
a Master Plan or component parts thereof to guide the use of lands
within the municipality in a manner which protects public health and
safety and promotes the general welfare and is otherwise consistent
with the purposes of this chapter.
B.
Administer the provisions of the Municipal Land Use
Law, including land subdivision, site development, conditional uses
and off-site improvements.
C.
Grant variances pursuant to N.J.S.A. 40:55D-70c when
reviewing applications for approval for subdivisions, site development
plans or conditional uses.
[Amended 2-26-1980 by Ord. No. 80:3]
D.
Incidental to its primary powers, to direct the issuance,
pursuant to N.J.S.A. 40:55D-34, of a permit for a building or structure
in the bed of a street or public drainageway, flood control basin
or public area reserved pursuant to the Official Map adopted by the
Township Council.
E.
Incidental to its primary powers, to direct the issuance,
pursuant to N.J.S.A. 40:55D-36, of a permit for a building or structure
not related to a street.
F.
Annually prepare a program of municipal capital improvement
projects, with the exception of water, storm and sanitary sewer facilities,
projected over a period of six years and recommend the same to the
governing body, pursuant to N.J.S.A. 40:55D-29.
G.
Participate in the preparation and review of the programs
or plans required by state or federal law and regulations.
H.
Assemble data on a continuing basis as part of a continuing
planning process.
I.
Consider and report to the Township Council, within
35 days after referral, as to any proposed development regulations
pursuant to N.J.S.A. 40:55D-26a and also to pass upon such other matters
as may be specifically referred to the Planning Board by the Township
Council or other public agency pursuant to the provisions of N.J.S.A.
40:55D-26b and N.J.S.A. 40:55D-31.
J.
Perform such other advisory duties as are from time
to time assigned to it by ordinance or resolution of the Township
Council for the aid and assistance of the Township Council or other
municipal agencies or officers, including reviewing, holding hearings,
if deemed necessary, and reporting to the Board of Adjustment with
respect to the opinion of the Planning Board on matters within its
expertise on applications for development or appeal filed with the
Board of Adjustment.
Every member of the Planning Board shall be
eligible to vote on all applications and/or hearings held thereon,
except that when any hearing before the Board shall carry over two
or more meetings, a member of the Board who was absent for one or
more meetings shall not be eligible to vote on the matter upon which
the hearing was conducted unless such Board member has available to
him a transcript or recording of the meeting from which he was absent
and certifies in writing to the Board that he has read such transcript
or listened to such recording.
A.
Applications for development shall be filed with the
Secretary of the Planning Board.
B.
Applications shall be filed upon forms provided by
the Board and at such time prior to a monthly meeting as may be designated
by the Board. No application shall be deemed complete unless, in addition
to any other requirements contained in this chapter, the items, information
and documentation listed in the applicable checklists, below, are
submitted to the Board, together with the completed checklist(s).[1] The applicant may request, in writing, that one or more
of the submission requirements be waived, in which event the Board
shall grant or deny the request within 45 days of submission of the
written request. An application for development shall be complete,
for purposes of commencing the applicable time period for action by
the Board, when so certified by the Board or its authorized committee
or designee.
[Amended 8-15-2006 by Ord. No. 2006:17]
[1]
Editor's Note: The application checklist and
forms are included at the end of this chapter.
C.
All revised plans on applications and all outside
reports that have been scheduled for hearing must be filed at least
three weeks prior to the public hearing in the office of the Secretary
of the Planning Board. The day the plans are submitted will not be
counted as part of the three-week requirement.
[Added 8-12-1997 by Ord. No. 97:25]
Upon receipt of a complete application for land
development by the Secretary of the Planning Board and after classification,
the Secretary shall forward a copy of the plat, together with such
additional material as may be necessary and appropriate, to the various
county, state and Township offices and departments having jurisdiction
thereof for their reports and recommendations concerning the proposed
development. The reports shall be presented to the Planning Board
at a regularly scheduled meeting on the application. If a report disapproves
of the application, detailed reasons for the disapproval must be set
forth.
A.
Minor subdivisions and minor site plans. Minor subdivision
and minor site plan approval 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.
(1)
Approval of a minor subdivision shall expire 190 days
from the date of Planning Board approval unless, within such time,
a plat in conformity with such approval and the provisions of the
Map Filing Law (N.J.S.A. 46:23-9.9 et seq.) or a deed or other instrument
clearly describing the approved minor subdivision is filed by the
developer with the County Clerk of Morris County, the Municipal Engineer
and the Municipal Tax Assessor. Any such plat, deed or other instrument
must be signed by the Chairman and Secretary of the Planning Board
before it can be accepted for filing with the county recording officer.
(2)
Approval of a minor site plan shall expire 190 days
from the date of Planning Board approval unless, within such period,
an application for the issuance of a building permit is made to the
Building Department of the Township.
B.
Sketch plat approval for major subdivisions. Upon
submission of a complete application for sketch plat approval of a
subdivision of 10 or fewer lots, the Planning Board shall grant or
deny such sketch plat approval within 45 days from 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 sketch plat
approval for a major subdivision of more than 10 lots, the Planning
Board shall grant or deny such approval within 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 sketch plat approval for the subdivisions.
C.
Preliminary approval of major subdivisions and site
plans. Upon the submission to the administrative officer of a complete
application for a site plan which involves 10 acres of land or less
and 10 dwelling units or less, 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 the submission of a complete application for a site plan which
involves more than 10 acres or more than 10 dwelling units, the Planning
Board shall grant or deny preliminary approval within 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 of the site plan.
[Amended 2-26-1980 by Ord. No. 80:3]
D.
Final approval of major subdivisions and major site
plans. Applications for final major subdivision or major site plan
approval shall be granted or denied within 45 days from the submission
of a complete application or within such further time as may be consented
to by the developer.
(1)
Final approval of a major subdivision shall expire
95 days from the date of signing of the plat unless, within such period,
the plat shall have been duly filed by the developer with the County
Clerk of Morris County. The Planning Board may, for good cause shown,
upon application made by the developer prior to the expiration of
such ninety-five-day period, extend the period for recording for an
additional period not to exceed 190 days from the date of the signing
of the plat.
(2)
Final approval of a major site plan shall expire 95
days from the date of the signing of the plat unless, within such
period, application shall have been made to the Building Department
of the Township for a certificate of occupancy. The Planning Board
may, for good cause shown, upon application made prior to the expiration
of such period, extend the period for application for such certificate
of occupancy for an additional period not to exceed 190 days from
the date of the signing of the plat.
E.
Conditional use permit. Application for a conditional
use permit shall be granted or denied within 95 days of submission
of a complete application by the developer or within such further
time as may be consented to by the applicant. The time period for
action by the Planning Board on conditional uses shall govern the
accompanying site plan review, if any. The granting of a conditional
use permit in conjunction with preliminary site plan approval shall
grant to the applicant the rights applicable to preliminary site plans
as contained in N.J.S.A. 40:55D-49, and shall subject the applicant
to the requirements of final approval of such site plan as contained
in the Municipal Land Use Law.
F.
Ancillary powers. Whenever the Planning Board is called
upon to exercise its ancillary powers pursuant to N.J.S.A. 40:55D-60,
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.
G.
Simultaneous applications. The Planning Board shall
accept simultaneous applications for preliminary and final site plan
approval or preliminary and final major subdivision approval where
so requested by the applicant, provided that all of the conditions,
requirements and safeguards established for such preliminary and final
approvals are adhered to.
[Added 2-27-1996 by Ord. No. 96:5]
[1]
Editor's Note: Former § 225-15, Recording of hearings,
as amended, was repealed 10-19-2010 by Ord. No. 2010:28.
A.
Minor subdivisions and minor site plans. The zoning
requirements and general terms and conditions, whether conditional
or otherwise, upon which minor subdivision or minor site plan approval
was granted shall not be changed for a period of two years after the
date of such minor subdivision or minor site plan approval, provided
that the approved minor subdivision shall have been duly recorded
as herein provided and/or that a building permit shall have been issued
within the time period herein provided with respect to such minor
site plan.
B.
Preliminary approval of a major subdivision or site plan. Preliminary approval of a major subdivision or site plan shall, except as provided in Subsection B(4) of this section, confer upon the applicant the following rights, for a three-year period from the date of the preliminary approval:
(1)
That the general terms and conditions on which preliminary
approval was granted shall not be changed, including but not limited
to use requirement; layout and lot design standards for streets, curbs
and sidewalks; lot size; yard dimensions and off-tract improvements:
and, in the case of a site plan, any requirements relating to preservation
of existing natural resources on the site, safe and efficient vehicular
and pedestrian circulation, parking and loading, screening, landscaping
and location of structures and exterior lighting needed for safety
reasons; provided, however, that nothing herein shall be construed
to prevent the Township from modifying by ordinance such general terms
and conditions of preliminary approval as relate to public health
and safety.
(2)
That the applicant may submit for final approval on
or before the expiration date of preliminary approval the whole or
section or sections of the preliminary subdivision plat or site plan,
as the case may be.
(3)
That the applicant may apply and the Planning Board
may grant extensions on such preliminary approval for additional periods
of at least one year but not to exceed a total extension of two years,
provided that, if the design standards have been revised by ordinance
of this Township, such revised standards may, at the discretion of
the Planning Board, govern.
(4)
In the case of a subdivision of or site plan for an area of 50 acres or more, the Planning Board may grant the rights referred to in Subsection B(1), (2) and (3) above for such period of time longer than three years as shall be determined by the Planning Board to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval, economic conditions and the comprehensiveness of the development. The applicant may apply for thereafter, and the Planning Board may thereafter grant, an extension to preliminary approval for such additional period of time as shall be determined by the Planning Board to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval, the potential number of dwelling units and nonresidential floor area of the section or sections awaiting final approval, economic conditions and the comprehensiveness of the development, provided that, if the design standards have been revised, such revised standards may govern.
C.
Final approval of major subdivisions and major site
plans.
(1)
The zoning requirements applicable to the preliminary
approval first granted and all other rights conferred upon the developer,
whether conditionally or otherwise, shall not be changed for a period
of two years after the date of final approval, provided that in the
case of major subdivisions the rights conferred by this section shall
expire if the plat has not been duly recorded within 95 days from
the date of signing of the plat, unless extended as provided for by
law. If the developer has followed the standards prescribed for final
approval and, in the case of a subdivision, has duly recorded the
plat, the Planning Board may extend such period of protection for
extensions of one year but not to exceed three extensions. The granting
of final approval terminates the time period of preliminary approval.
(2)
In the case of a subdivision or site plan for a residential cluster of 50 acres or more or conventional subdivision or site plan for 150 acres or more, the Planning Board may grant the rights referred to in Subsection C(1) of this section for such period of time longer than two years as shall be determined by the Planning Board to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under final approval, economic conditions and the comprehensiveness of the development. The developer may apply for thereafter, and the Planning Board may thereafter grant, an extension of final approval for such additional period of time as shall be determined by the Planning Board to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under final approval, the number of dwelling units and nonresidential floor area remaining to be developed, economic conditions and the comprehensiveness of the development.
[Amended 4-10-1979 by Ord. No. 79:6; 10-27-1981 by Ord. No. 81:46; 11-26-1985 by Ord. No. 85:63; 8-14-1990 by Ord. No.
90:57; 4-25-1995 by Ord. No. 95:8; 6-20-1995 by Ord. No. 95:19; 5-14-1996 by Ord. No. 96:11; 8-16-2005 by Ord. No. 2005:19; 4-28-2009 by Ord. No. 2009:15]
Upon the filing of an application for development
within the Township of Parsippany-Troy Hills, the following fees shall
be paid to the Secretary of the Planning Board:
A.
(Reserved)
B.
Upon the filing of an application for a proposed minor
subdivision: a fee of $200. The escrow fee shall be $3,000.
[Amended 12-19-2021 by Ord. No. 2021:24]
C.
Upon the filing of a sketch plat of a proposed major
subdivision: a fee of $250, plus $50 for each proposed lot as shown
on such sketch plat. The escrow fee shall be $1,500.
D.
Upon the filing of an application for preliminary
approval of a major subdivision: a fee of $250, plus $50 per lot shown
on the plan. The escrow fee shall be $5,000.
E.
Upon the filing of an application for final subdivision
approval: a fee of $250, plus $25 per lot shown on the plan. The escrow
fee shall be $3,500.
H.
Upon an application for approval of a final major site plan review: 50% of the fees for preliminary site plan as established in Subsection G, except that the escrow fee for a final site plan shall be $3,000.
I.
(Reserved)
J.
Upon the filing of an application which includes a request for approval, pursuant to the ancillary powers of the Planning Board: the fee applicable to the application of which such request forms a part shall be in addition to the applicable fees provided in § 225-27 of this chapter.
K.
In all cases where applications for site plan approval
for apartment houses or multifamily dwellings may be required under
any ordinances of the Township, the applicant for such site plan approval
shall pay a fee of $10 per apartment unit.
L.
Upon the filing of an application for a conditional
use, payment for fees shall be made as follows:
[Amended 7-19-2022 by Ord. No. 2022:17]
M.
N.
Upon the filing of an application for mixed use development:
a fee of $500, plus $15 per single-family residential lot, plus $10
per attached dwelling unit, plus a sum equal to $0.03 per square foot
of building area for the first 10,000 square feet of nonresidential
building area, plus a sum equal to $0.01 per square foot of building
area for the next 90,000 square feet of building area, plus a sum
equal to $0.005 per square foot of building area for all square footage
of building area in excess of 100,000 square feet.
P.
(Reserved)
Q.
In cases where the applicant is seeking variance approval
pursuant to the ancillary powers of the Planning Board, in conjunction
with conditional use approval, only one fee will be required, which
will be the highest fee for any one type of application.
R.
To request a zone change: $500. The escrow fee shall
be $1,500.
The Mayor may from time to time appoint one
or more persons, who are citizens of the Township of Parsippany-Troy
Hills and are not employees or officials of the Township, as a Citizens'
Advisory Committee to assist or collaborate with the Planning Board
in performance of its duties, but such person or persons shall have
no right to vote or take other action required of the Board. Such
person or persons shall serve at the pleasure of the Mayor.
