[Amended 11-19-1990 by Ord. No. 14-1990; 8-15-1994 by Ord. No. 10-1994; 5-4-1995 by Ord. No. 4-1995]
There is hereby established in the Township
of Byram, pursuant to the Municipal Land Use Law,[1] a Planning Board consisting of nine members divided into
four classes as follows:
A.
Class I: Mayor.
[Amended 6-4-2001 by Ord. No. 7-2001]
B.
Class II: one official of the municipality other than
a member of the governing body, appointed by the Mayor.
C.
Class III: a member of the governing body to be appointed
by it.
D.
Class IV: six other citizens of the municipality to
be appointed by the Council. The members of Class IV shall hold no
other municipal office, position or employment. One may be a member
of the Board of Education. A member of the Environmental Commission
who is also a member of the Planning Board shall be a Class IV Planning
Board member.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
[Added 11-19-1990 by Ord. No. 14-1990; amended 8-15-1994 by Ord. No. 10-1994]
The Council may appoint up to two alternate
members of the Planning Board, who shall be designated at the time
of their appointment as "Alternate No. 1" and "Alternate No. 2," and
who shall serve for terms of two years, staggered in accordance with
N.J.S.A. 40:55D-23.1. Such alternate members shall have those powers
and duties prescribed by the Municipal Land Use Law.[1]
[1]
See N.J.S.A. 40:55D-1 et seq.
A.
The term of the member composing Class I shall correspond
with his or her official tenure. The terms of the members composing
Class II and Class III shall be for one year or shall terminate at
the completion of their respective terms of office, whichever shall
first occur, except for the 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 shall terminate at the completion of his or her term
of office as a member of the Environmental Commission, whichever shall
first occur.
B.
The term of a Class IV member who is also a member
of the Board of Education shall terminate whenever he or she is no
longer a member of such body or at the completion of his or her Class
IV term, whichever shall first occur.
[Amended 5-4-1995 by Ord. No. 4-1995]
C.
The terms of all Class IV members first appointed
pursuant to this section shall be so determined that, to the greatest
practicable extent, the expiration of such terms shall be evenly distributed
over the first four years after their appointments, as determined
by resolution of the governing body; provided, however, that no term
of any member shall exceed four 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 years except as otherwise
herein provided.
D.
All terms as mentioned herein shall commence from
July 1 next preceding the date of appointment, notwithstanding the
date of the actual appointment.
[Amended 3-18-1991 by Ord. No. 5-1991]
The vacancy of any class of the Planning Board
which shall occur otherwise than by expiration of term shall be filled
by appointment as above provided for the unexpired term.
Any member of the Planning Board other than
a Class I member, after a public hearing if he or she requests one,
may be removed by the governing body for cause.
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 shall 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. Any compensation shall be in accordance with the amount
budgeted for that office by the governing body.
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 exceed, however, exclusive of
gifts and/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. The Board shall also have the following powers and
duties:
A.
To make and adopt and from time to time amend the
Master Plan for the physical development of the Township, 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 review, at least every six years, the Master Plan
and development regulations of the Township, as directed by the Township
Council.
E.
To participate in the preparation and review of programs
or plans required by state or federal laws or regulations.
F.
To assemble data on a continuing basis as part of
a continuous planning process.
G.
To annually prepare a program of municipal capital
improvement projects projected for a term of six years, and amendments
thereto, and recommend the same to the governing body in accordance
with N.J.S.A. 40:55D-29.
H.
To consider and make reports to the governing body
within 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 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.
I.
Whenever the proposed development requires approval
of a subdivision, site plan, conditional use or use variance pursuant
to N.J.S.A. 40:55D-70d, to grant variances pursuant to N.J.S.A. 40:55D-70
and further to perform all the powers of the Zoning Board of Adjustment
as provided in Article 9 of the Municipal Land Use Law, N.J.S.A. 40:55D-70,
40:55D-70.1, 40:55D-70.2, 40:55D-72, 40:55D-72.1, 40:55D-73, 40:55D-74,
40:55D-75 and 40:55D-76A(1) and (2).
[Amended 11-19-1990 by Ord. No. 14-1990; 5-4-1995 by Ord. No. 4-1995]
J.
To perform such other advisory duties as are assigned
to it by ordinance or resolution of the Township Council for the information
and assistance of the Council or other agencies or offices.
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. Approval of a minor
subdivision shall expire 190 days from the date of Planning Board
approval, unless within such period of time a plat in conformity with
such approval and the provisions of the Map Filing Law 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.
B.
Preliminary approval of major subdivisions. Upon submission
of a completed 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.
Final approval.
(1)
Application for final subdivision approval shall be
granted or denied within 45 days of the date 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
95 days from the date of the signing of the plat, unless within such
period the plat shall be 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 signing of the plat.
A.
Applications for development within the jurisdiction
of the Planning Board shall be filed with the Secretary of the Planning
Board, who is hereby designated as the administrative officer of the
Planning Board. The applicant shall file, at least 28 days before
the date of the monthly meeting of the Board, 12 copies of the sketch
plat, six copies of the application for sketch plat approval, six
copies of the application for minor subdivision approval, six copies
of the application for major subdivision approval (either preliminary
or final) and six copies of the application for site plan review,
conditional use approval or planned development.[1] In addition to the above-required applications, the developer
shall file four copies of the County Planning Board application for
development, which application shall be filed simultaneously with
the applications to the Planning Board. At the time of filing the
application, the applicant shall also file all plot plans, maps or
other papers required by virtue of any provisions of this chapter,
any rule of the Planning Board or any provisions of the Municipal
Land Use Law. 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 the application
and of the regular meeting dates of the Board.
B.
Submission procedures. All materials required to be
submitted to the Township or to any agency of the Township under this
chapter shall be submitted to the Planning Board Secretary. Materials
which must be received by a particular date under this chapter must
be received by the Secretary prior to 4:00 p.m. on that date or, if
that date is a Saturday, Sunday or a holiday, before 4:00 p.m. on
the first working day prior to that date.
[Added 9-7-1993 by Ord. No. 5-1993]
C.
Submission format. Reports and other written materials
shall be on paper, 8 1/2 inches by 11 inches, bound within a
loose-leaf notebook or with a spiral binding. Maps, unless otherwise
approved by the Planning Board in writing, shall be at a scale of
one inch equals 200 feet for sites of more than 50 acres and a scale
of one inch equals 100 feet for sites of 50 acres or less for the
concept and the preliminary plan submission. All map submissions for
final plan submission shall be at a scale of one inch equals 40 feet.
All such maps shall be of a size consistent with N.J.S.A. 46:23-9.11b.
The applicant shall submit 12 copies of all reports and maps required
under this section.
[Added 9-7-1993 by Ord. No. 5-1993]
The Mayor may appoint one or more persons as
a Citizens' Advisory Committee to assist or collaborate with the Planning
Board in its duties, and such person or persons shall have no power
to vote or take other action required by the Board. Such person or
persons shall serve at the pleasure of the Mayor.
[Amended 11-19-1990 by Ord. No. 14-1990; 5-4-1995 by Ord. No. 4-1995]
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 Board. Failure of the Board to make such informational
copy available to the Environmental Commission shall not invalidate
any hearing or proceeding.
