There is hereby established, pursuant to N.J.S.A. 40:55D-23,
in the Borough of South River, a Planning Board of nine members consisting
of the following four classes:
A.
Class
I: the Mayor, or Mayor's designee in the absence of the Mayor
(N.J.S.A. 40-55D-23a).
B.
Class
II: one of the officials of the Borough 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 is both a member of the Zoning Board of Adjustment and a
member of the Board of Education among the Class IV members or alternate
members.
C.
Class
III: a member of the governing body, to be appointed by it.
D.
Class
IV: six other citizens of the Borough, to be appointed by the Mayor.
The members of Class IV shall hold no other municipal office, position
or employment, except that one member may be a member of the Zoning
Board of Adjustment. 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 he or she is 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 of the Environmental Commission shall be deemed to be the
Class II member of the Planning Board. For the purpose 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.
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, the designee shall server at the pleasure of the Mayor during
the Mayor's official tenure.
B.
The term 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 comes first, except for a Class II member who
is also a member of the Environmental Commission.
C.
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 term in office as a member of the Environmental
Commission, whichever comes first.
D.
The term of a Class IV member who is also a member of the Board of
Adjustment or the Board of Education shall terminate whenever he is
no longer a member of such other body or at completion of his Class
IV term, whichever comes first.
E.
The terms of all Class IV members first appointed pursuant to this
chapter shall be so determined that, to the greater practicable extent,
the expiration of such terms shall be evenly distributed over the
first four years after their appointment 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 term of any present member of the Planning Board,
all of whom shall continue in office until the completion of the term
for which they were appointed. Thereafter all Class IV members shall
be appointed for terms of four years except as otherwise provided
herein.
F.
All terms shall run from January 1 of the year in which the appointment
was made, except as otherwise specified herein.
G.
No member of the Planning Board shall be permitted to act on any
matter in which he has, either directly or indirectly, any personal
or financial interest.
H.
Any member other than a Class I member, after a public hearing if
he requests one, may be removed by the governing body for cause.
A.
There shall be two alternate members of the Planning Board who shall
be appointed by the Mayor and shall meet the qualifications of Class
IV members of the Planning Board. Said alternates shall be designated
at the time of their appointment 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 approving authority for the unexpired term only.
B.
No alternate member shall be permitted to act on any matter on 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. Alternate members may
participate in discussions of the proceedings but may not vote except
in the absence or disqualification of a regular member. 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.
If a vacancy of any class shall occur otherwise than by expiration
of term, it shall be filled by appointment as above provided for the
unexpired term.
All regular and alternate members of the Planning Board shall
be required to successfully complete a course in land use law and
planning which has been authorized by the New Jersey Commissioner
of Community Affairs and/or New Jersey planning officials within 18
months of assuming Board membership. No new member of the Planning
Board shall be seated as a first-term member or alternate member of
the Planning Board unless the person agrees to complete the basic
course required and complete that course within 18 months of assuming
Board membership. The Mayor or Class I member, a member of the governing
body serving as a Class III member, and any person licensed as professional
planner shall be exempt from this requirement.
The Planning Board shall elect a Chairman and Vice Chairman
from the members of Class IV, select a Secretary who may be either
a member of the Planning Board or a municipal employee, and create
and fill such other offices as established by ordinance.
There is hereby created the position of Planning Board Attorney.
The Planning Board shall annually appoint and fix the compensation
of the Planning Board Attorney for all legal service, including, but
not limited to, regular and special meetings of the Board, litigation,
and such other legal services as may be deemed necessary by the Board.
The Board Attorney shall be an attorney other than the Municipal Attorney
or Zoning Board of Adjustment Attorney. The Board shall not, however,
exceed, exclusive of gifts or grants, the amount appropriated by the
governing body for its use.
The Planning Board may also employ or contract for services
of planning and/or engineering consultants and their staff and other
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 may also employ or contract for
services of a Board Secretary. The Board shall not exceed the amount
appropriated by the governing body for its use.
The Board shall adopt bylaws governing its procedural operation
and such rules and regulations as may be necessary to carry into effect
the provisions and purpose of this chapter. 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.
The Planning Board shall have such powers as are granted by
law:
A.
To make and adopt, and from time to time, amend a Master Plan for
the physical development of the municipality, including in its consideration
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-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 continuing planning
process.
E.
To annually prepare a program of municipal capital improvements and
projects projected over a term of six years, and amendments thereto,
and recommend same to the governing body.
F.
To consider and make report to the governing body within 35 days
after referral as to any proposed development regulations submitted
to it pursuant to the provisions of N.J.S.A. 40:55D-26b.
G.
The Planning Board, when reviewing applications for approval of subdivision
plans, site plans or conditional uses, shall have the power to grant
to the same extent and subject to the same restrictions as the Board
of Adjustment, provided no variance under N.J.S.A. 40:55D-70d is required:
(1)
Grant variances, pursuant to Section 57c of Chapter 291 of the Laws
of New Jersey, 1975 (N.J.S.A. 40:55D-70c), from lot area, lot dimension,
setback and yard requirements, etc.
(2)
Direction, pursuant to Section 25 (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 Section 23 (N.J.S.A. 40:55D-32).
(3)
Direction, pursuant to Section 27 (N.J.S.A. 40:55D-36), for issuance
of a permit for a building or structure not related to a street.
(4)
Whenever relief is requested pursuant to this subsection, notice
of a hearing on the application for development shall include references
to the request for a variance or direction for issuance of a permit,
as the case may be.
H.
The Planning Board shall 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 municipal agencies
or offices.
I.
To hold hearings on any application to establish any residential
housing facilities pursuant to Senate Bill No. 210, for the developmentally
disabled, and to approve any such application by resolution, setting
forth the terms and conditions of the approved.
Whenever the Environmental Commission[1] 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 Planning Board. Failure
of the Planning Board to make such an informational copy available
to the Environmental Commission shall not invalidate any hearing or
proceeding.
A.
Minor subdivision and minor site plans. Minor subdivision and minor
site plan 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.
Failure of the Planning Board to act within the prescribed forty-five-day
period shall constitute minor subdivision. Minor subdivisions 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 Borough Engineer and the Borough
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.
(1)
The zoning requirements and general terms and conditions, whether
conditional or otherwise, upon which minor subdivision approval was
granted shall not be changed for a period of two years after the date
on which the resolution of minor subdivision approval is adopted,
provided that the approved minor subdivision shall have been duly
recorded as provided in this subsection.
(2)
The Planning Board may extend the one-hundred-ninety-day period for filing a minor subdivision plat or deed pursuant to § 295-24 and/or § 295-27 if the developer proves to the reasonable satisfaction of the Planning Board that 1) the developer was barred or prevented, directly or indirectly, from filing because of delays in obtaining legally required approvals from other governmental or quasi-governmental entities, and 2) the developer applied promptly for and diligently pursued the required approvals. The length of the extension shall be equal to the period of delay caused by the wait for the required approvals, as determined by the Planning Board. The developer may apply for the extension either before or after what would otherwise be the expiration date.
(3)
The Planning Board shall grant an extension of minor subdivision
approval for a period determined by the Board but not exceeding one
year from what would otherwise be the expiration date, if the developer
was barred or prevented, directly or indirectly, from proceeding with
the development because of delays in obtaining legally required approvals
from other governmental entities and that the developer applied promptly
for and diligently pursued the required approvals. A developer shall
apply for the extension before what would otherwise be the expiration
date of minor subdivision approval or the 91st day after the developer
receives the last legally required approval from the other government
entities, whichever occurs later.
B.
Preliminary approval of major subdivisions and major site plans.
Upon submission of a complete application for a subdivision of 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 submission of a complete application for
a subdivision of more than 10 acres or more than 10 dwelling units,
the Planning Board shall grant or deny preliminary approval within
95 days 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 either size subdivision or
site plan.
C.
Ancillary powers. Whenever the Planning Board is called upon to exercise it ancillary powers before the granting of a variance as set forth in § 50-10G, 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 described 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 the request of the applicant.
D.
Final approval.
(1)
Application for final subdivision approval or site plan 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. Failure of the Planning Board to act within the period
prescribed shall constitute final approval.
(2)
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 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.
(3)
The Planning Board may extend the 95 days or the one-hundred-ninety-day
period if the developer proves to the reasonable satisfaction of the
Planning Board that (1) the developer was barred or prevented, directly
or indirectly, from filing because of delays in obtaining legally
required approvals from other governmental or quasi-governmental entities,
and (2) the developer applied promptly for and diligently pursued
the required approvals. The length of the extension shall be equal
to the period of delay caused by the wait for the required approvals,
as determined by the Planning Board. The developer may apply for the
extension either before or after what would otherwise be the expiration
date.
