A.
Pursuant to N.J.S.A. 40:55D-1 et seq., there is hereby
established in the Township of Washington, Gloucester County, a Planning
Board of nine members consisting of the following four classes:
(1)
Class I: the Mayor, or the Mayor's designee in the
absence of the Mayor.
[Amended 3-12-2003 by Ord. No. 4-2003]
(2)
Class II: one of the officials of the Township other
than a member of the Council, 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 members.
(3)
Class III: a member of the Council, to be appointed
by it.
(4)
Class IV: six other citizens of the Township to be
appointed by the Mayor.
B.
The members of Class IV shall hold no other Township
office, except that one member may be a member of the Zoning Board
of Adjustment and 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, 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 members
of the Planning Board both a member of the Zoning Board of Adjustment
and a member of the Board of Education, in which case the member of
the Environmental Commission shall be deemed to be a Class II member
of the Planning Board.
A.
The term of the member composing Class I shall correspond
with his/her 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 shall also be 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/her term of office as a member
of the Environmental Commission, whichever occurs first.
B.
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/she is no longer a member of such other body,
or at the completion of his/her Class IV term, whichever occurs first.
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 term shall be evenly distributed
over the first four years after their appointment, as determined by
resolution of the Council; provided, however, that no term of any
member shall exceed four years. Thereafter all Class IV members shall
be appointed for terms of four years, except as otherwise hereinabove
provided.
D.
All terms shall run from January 1 of the year in
which the appointment is made. Any member other than a Class I member,
after a public hearing if he/she requests one, may be removed by the
Council for cause.
There is hereby created alternate members of
Class II, III and IV of the Planning Board. Such alternate members
shall not exceed one in Class II, one in Class III and two in Class
IV. Alternate members of Class II and Class III shall be appointed
for terms to expire at the same time as the terms for regular members
of their respective classes. Alternate members of Class IV shall serve
for terms of two years; provided, however, that in the event that
two alternate members of Class IV are appointed, the initial term
of such members shall be one and two years, respectively. Such alternate
members shall be designated by the chairperson as "Alternate No. 1"
and "Alternate No. 2" and shall serve in rotation during the absence
or disqualification of any regular member or members of Class IV.
Alternate members of each class shall be appointed by the same appointing
authority as regular members of that class.
If a vacancy in any class occurs other than
by expiration of term, it shall be filled by appointment, as above
provided, for the unexpired term.
The Planning Board shall select a Chairperson
and Vice Chairperson from the members of Class IV, and shall also
select a Secretary, who may or may not be a member of the Planning
Board or a Township employee, designated by it. The Secretary shall
be designated the administrative officer of the Planning Board.
There is hereby created the office of the Planning
Board Attorney. The Planning Board may 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 Township 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 exceed, however, exclusive of
gifts or grants, the amount appropriated by the Council for its use.
If the Planning Board lacks a quorum because
any of its regular or alternate members is by N.J.S.A. 40:55D-23 or
N.J.S.A. 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 Chairperson of the Board of Adjustment shall
make the choice.
The Board shall adopt such rules and regulations
as may be necessary to carry into effect the provisions and purposes
of the land use chapters of the Code. 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. 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 Township, including
consideration of any areas outside its boundaries which, in the Board's
judgment, bear essential relation to the planning of the Township
in accordance with the provisions of N.J.S.A. 40:55D-28.
B.
To administer the provision of the land use chapters
of this Code, as same may be amended, in accordance with the provisions
of such chapters, the Municipal Land Use Law, N.J.S.A. 40:55D-1 et
seq., and all other powers provided in the Municipal Land Use Law.
C.
To approve conditional use applications in accordance with the provisions of Chapter 285, Zoning, pursuant to N.J.S.A. 40:55D-67.
D.
To participate in the preparation and review of programs
or plans required by state or federal law or regulations.
E.
To assemble data on a continuing basis as part of
a continuous planning process.
F.
To annually prepare a program of Township capital
improvement projects projected over a term of six years, and amendments
thereto, when authorized by the Township Council, pursuant to the
provisions of N.J.S.A. 40:55D-29.
G.
To consider and report to the Council 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 Council, pursuant to the provisions of N.J.S.A. 40:55D-26b.
H.
When reviewing applications for approval of a subdivision,
site plan or conditional uses, to grant variances, to the same extent
and subject to the same restrictions as the Zoning Board of Adjustment,
pursuant to N.J.S.A. 40:55D-57e, from lot area, lot dimensional, setback
and yard requirements, provided that such relief from lot area requirements
shall not be granted for more than one lot, and to have such other
powers as provided in N.J.S.A. 40:55-60. Whenever relief is requested
pursuant to this subsection, notice of a hearing on the application
for development shall include reference to the request for a variance.
I.
To perform other advisory duties as may be assigned
to it by ordinance or resolution of the Council for the aid and assistance
of the Council or other agencies or officers.
A.
Minor subdivisions. Minor subdivision approvals 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 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 Township
Engineer and the Township Tax Assessor. Any such plat or deed shall
be signed by the Chairperson 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 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.
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 § 125-9H, the Planning Board shall grant or deny approval of the application within 120 days after submission by a developer of a complete application, or within such further time as may be consented to by the applicant.
D.
Final approval of major subdivisions.
(1)
Granting or denial. 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.
(2)
Expiration. Final approval of a major subdivision
shall expire 95 days from the date of signing of the plat, unless,
within such period, the plan 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 signing of the plat.
E.
Site plan Approval.
(1)
Minor site plan approval shall be granted or denied
within 45 days of the date of the submission of a complete application
to the administrative officer, or within such further time as may
be consented to by the applicant. Minor site plan approval shall be
deemed to be final approval of the site plan by the Planning Board,
subject to any conditions that the Board may impose.
(2)
Upon submission of a complete application for preliminary
approval for a major site plan for 10 acres 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 applicant. Upon submission of a complete application for
preliminary approval for a major site plan for more than 10 acres,
the Planning Board shall grant or deny preliminary approval within
95 days of submission, or within such further time as may be consented
to by the applicant. Following preliminary approval, final approval
of a major site plan shall be granted or denied within 45 days of
submission of a complete application for final approval.
F.
Failure of Planning Board to act. Failure of the Planning Board to act within the period set forth in Subsections A through E above, whichever is appropriate, shall constitute the approval applied for, and a certificate by the administrative officer as to the failure of the Planning Board to act shall be issued upon request of the applicant. Such certificate shall be sufficient evidence of approval in lieu of written endorsement or other evidence of approval.
G.
Completeness of application.
(1)
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 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:
(a)
The application lacks information required by
the specific land development chapter of this Code for the particular
type of application, which list of requirements shall be provided
to the applicant; and
(b)
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.
(2)
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/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 the ordinance 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.
Applications for development within the jurisdiction
of the Planning Board shall be filed with the Secretary of the Planning
Board. Applicants shall file at least 14 days before the date of the
monthly meeting of the Board three copies of a sketch plat; three
copies of the application for minor subdivision approval; three copies
of the application for major subdivision approval or three copies
of the application for site plan review, conditional use approval
or planned development. At the time of filing the application, but
in no event less than 10 days prior to the date set for hearing, the
applicant shall also file all plot plans, maps or other papers required
by virtue of any provisions of this chapter or any rule of the Planning
Board. 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.
