A.
There is hereby established pursuant to P.L. 1975,
c. 291,[1] in the Borough of Mendham, a Planning Board of nine members
consisting of the following four classes:
(1)
Class I: the Mayor of the Borough of Mendham, or the
Mayor's designee in the absence of the Mayor.
[Amended 6-7-1999 by Ord. No. 15-99]
(2)
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.
[Amended 4-21-1980 by Ord. No. 8-80]
(3)
Class III: a member of the governing body, to be appointed
by it.
(4)
Class IV: six other citizens of the municipality,
to be appointed by the Mayor, with the approval of the Borough Council.
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 and one 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 or Historic Preservation
Commission 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 to be a Class II member of the Planning Board.
[Amended 4-21-1980 by Ord. No. 8-80; 8-6-2001 by Ord. No. 19-01]
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
B.
In addition to the four classes of Planning Board
members, two alternate members who meet the qualifications of Class
IV members shall be appointed by the Mayor, with the approval of the
Borough Council. Alternate members shall be designated at the time
of appointment by the Mayor as "Alternate No. 1" and "Alternate No.
2." 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.
[Added 4-21-1980 by Ord. No. 8-80]
A.
The term of the member composing Class I shall correspond
with the Mayor's official tenure, or, if the member is the Mayor's
designee in the absence of the Mayor, the designee shall serve at
the pleasure of the Mayor during the Mayor's 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 Class IV member who is also a member of the Environmental Commission
shall be for three years or terminate at the completion of his or
her term of office as a member of the Environmental Commission, whichever
occurs first.
[Amended 6-7-1999 by Ord. No. 15-99]
B.
The term of a Class IV member who is also a member
of the Board of Adjustment or a Board of Education shall terminate
whenever he or she is no longer a member of such other body or at
the completion of his or her 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 distributed
evenly over the first four years after their appointment, as determined
by resolution of the governing body; provided, however, that no term
of any Class IV 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. Thereafter,
all Class IV members shall be appointed for terms of four years, except
as otherwise hereinabove provided.
D.
The terms of the alternate members shall be for two
years, except that the term of the first Alternate No. 2 appointed
under this section shall be for one year.
[Added 4-21-1980 by Ord. No. 8-80]
E.
All terms shall run from January 1 of the year in
which appointment is made. Any member or alternate member other than
the Class I member, after a public hearing if he or she requests one,
may be removed by the governing body for cause.
[Amended 4-21-1980 by Ord. No. 8-80]
[Amended 4-21-1980 by Ord. No. 8-80]
If a vacancy in any class or alternate position
shall occur otherwise than by expiration of a term, it shall be filled
by appointment as above provided for the unexpired term.
[Amended 2-6-1989 by Ord. No. 3-89]
The Planning Board shall elect a Chairperson
and Vice Chairperson from the members of Class IV. It shall also select
a Recording Secretary and an Assistant Secretary, which positions
shall be held by different persons, either of whom may or may not
be a member of the Planning Board or a municipal employee.
There is hereby created the Office of Planning
Board Attorney. 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 Borough 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 Planning Board is authorized to adopt bylaws
governing its procedural operation. 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 Borough, including a specific
policy statement respecting its relationship to any areas outside
its boundaries which, in the Board's judgment, bear essentially upon
the planning of the Borough of Mendham, in accordance with the provisions
of N.J.S.A. 40:55D-28.
B.
To administer the provisions of Chapter 195, Subdivision of Land and Site Plan Review, in accordance with the provisions of said ordinances and the Municipal Land Use Law of 1975 (N.J.S.A. 40:55D-1 et seq.).
C.
To participate in the preparation and review of programs
or plans required by state or federal law or regulations.
D.
To assemble data on a continuing basis as part of
a continuous planning process.
E.
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.
F.
To consider and make report to the governing body
within 35 days of 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 Mayor and Council pursuant to the provisions of N.J.S.A.
40:55D-26b.
G.
Approvals.
[Amended 4-21-1980 by Ord. No. 8-80; 7-16-1984 by Ord. No.
11-84]
(1)
Whenever the proposed development requires approval,
pursuant to this Act, of a subdivision, site plan or conditional use,
but not a variance pursuant to N.J.S.A. 40:55D-70d, to grant to the
same extent and subject to the same restrictions as the Board of Adjustment:
(a)
Variances pursuant to N.J.S.A. 40:55D-70c.
(b)
Direction pursuant to N.J.S.A. 40:55D-34 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
pursuant to N.J.S.A. 40:55D-32.
(c)
Direction pursuant to N.J.S.A. 40:55D-36 for
issuance of a permit for a building or structure not related to a
street.
(2)
Whenever relief is requested pursuant to this subsection,
notice of the 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.
(3)
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 conditional use. The separate approval of the variance or direction of the issuance of a permit shall be conditioned 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 Chapter 215, Zoning.
H.
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.
I.
When requested by a developer, to grant an informal
review of a concept plan for a development for which the developer
intends to prepare and submit an application for development. The
developer shall not be required to submit any fees for such an informal
review. The developer shall not be bound by any concept plan for which
review is requested, and the Planning Board shall not be bound by
any such review.
[Added 4-21-1980 by Ord. No. 8-80]
J.
To waive notice and public hearing for any application
for development for a conventional site plan, if the Planning Board
or its Site Plan Subcommittee, appointed by the Chairperson, finds
that the application for development conforms to the definition of
"minor site plan." Minor site plan approval shall be deemed to be
final approval of the site plan by the Board, provided that the Board
or said Subcommittee may condition such approval on terms ensuring
the provision of improvements pursuant to N.J.S.A. 40:55D-38, 40:55D-39,
40:55D-41 and 40:55D-53.
[Added 4-21-1980 by Ord. No. 8-80]
[Amended 6-7-1999 by Ord. No. 15-99; 3-21-2005 by Ord. No.
2-05]
Applications for development within the jurisdiction
of the Planning Board, pursuant to the provisions of P.L. 1975, c.
291 (N.J.S.A. 40:55D-1 et seq.), shall be filed with the Secretary
of the Planning Board. The applicant shall file, at least 35 days
before the date of the monthly meeting of the Board, 22 copies of
a sketch plat, 22 copies of an application for minor subdivision approval,
22 copies of an application for major subdivision approval or 22 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 35 days prior to the date set for the hearing,
the applicant shall also file 22 copies of all plot plans, maps or
other papers required by the Application Checklist set forth as Appendix
A of this chapter.[1] 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: Appendix A is located at the
end of this chapter.
A.
Minor subdivisions. Minor subdivision 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. Except as provided in
Subsection f of N.J.S.A. 40:55D-47, approval of a minor subdivision
shall expire 190 days from the date on which the resolution of Planning
Board approval is adopted, unless within such period 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 clearly describing the approved minor
subdivision, is filed by the developer with the county recording officer,
the Borough Engineer and the Borough Tax Assessor. Any such plat or
deed must be signed by the Chairperson and Secretary of the Planning
Board before it will be accepted for filing by the county recording
officer.
[Amended 6-7-1999 by Ord. No. 15-99]
B.
Preliminary approval of major subdivisions. Upon submission
of a complete application for a subdivision of 10 or fewer lots, 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 submission of a complete
application for a subdivision of more than 10 lots, 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 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 § 124-9G, 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 administrative officer 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 and subsequent approval shall be as otherwise provided in this Part 1.
[Amended 7-16-1984 by Ord. No. 11-84; 6-7-1999 by Ord. No. 15-99]]
D.
Final approval. Application for final subdivision
approval shall be granted or denied within 45 days of submission of
a complete application or within such further time as may be consented
to by the applicant. Final approval of a major subdivision shall expire
95 days from the date of the signing of the plat unless within such
period 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
190 days from the date of the signing of the plat. The Planning Board
may extend the ninety-five-day or one-hundred-ninety-day period as
provided in N.J.S.A. 40:55D-54a.
[Amended 6-7-1999 by Ord. No. 15-99]
E.
Site plan approval. 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 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. Application for final approval shall be granted
or denied within 45 days of submission of a complete application or
within such further time as may be consented to by the applicant.
[Amended 4-21-1980 by Ord. No. 8-80]
F.
Minor site plan approval. Minor site plan approval
shall be granted or denied within 45 days of the date of submission
of a complete application to the administrative officer or within
such further time as may be consented to by the applicant. The zoning
requirements and general terms and conditions, whether conditional
or otherwise, upon which minor site plan approval was granted shall
not be changed for a period of two years after the date on which the
resolution of minor site plan approval is adopted.
[Added 4-21-1980 by Ord. No. 8-80; amended 6-7-1999 by Ord. No. 15-99]
G.
Failure of Planning Board to act. Failure of the Planning Board to act within the period set forth in Subsections A through F of this § 124-11, whichever is appropriate, shall entitle an applicant to claim approval of his or her application for development by compliance with the terms of N.J.S.A. 40:55D-10.4.
[Amended 4-21-1980 by Ord. No. 8-80; 6-7-1999 by Ord. No. 15-99]
H.
Completeness of applications. An application for development shall be complete for purposes of commencing the applicable time period for action by the Planning Board when so certified by the Planning Board or its authorized designee. In the event that the Planning Board or its designee does not certify the application to be complete within 45 days of the date of its submission, the application shall be deemed complete upon the expiration of the forty-five-day period for purposes of commencing the applicable time period unless the application lacks information required by Chapter 195 of this Code for the particular type of application, which list of requirements shall be provided to the applicant, and the Planning Board or its designee has notified the applicant, in writing, of the deficiencies in the application within 45 days of submission of the application.The applicant may request that one or more of the submission requirements be waived, in which event the Planning Board shall grant or deny the request within 45 days. Nothing herein shall be construed as diminishing the applicant's obligation to prove in the application process that he or she is entitled to approval of the application. The Planning Board may subsequently require correction of any information found to be in error and submission of additional information not specified in this Part 1 or any revisions in the accompanying documents as are reasonably necessary to make an informed decision as to whether the requirements necessary for approval of the application for development have been met. The application shall not be deemed incomplete for lack of any such additional information or any revisions in the accompanying documents so required by the Planning Board.
[Amended 4-21-1980 by Ord. No. 8-80; 7-16-1984 by Ord. No.
11-84]
The Mayor of the Borough of Mendham 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 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 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.
