[Amended 5-1-1979 by Ord. No. 0-79-7; 6-9-1980 by Ord. No.
0-80-6]
A.
A Planning Board is hereby established consisting
of nine regular and two alternate members of the following four classes:
(1)
Class I: the Mayor.
(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 regular or alternate members.
(3)
Class III: a member of the Township Committee, to
be appointed by it when the Committee is composed of five members.
(4)
Class IV:
(a)
Regular members: six other citizens of the municipality,
to be appointed by the governing body. 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, 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.
shall be a Class IV Planning Board member unless there are among the
Class IV regular or alternate 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 the Class II member of the Planning Board.
(b)
Alternate members: two other citizens of the municipality,
to be appointed by the governing body. Alternate members shall meet
the qualifications of Class IV regular members and shall be designated
by the governing body at the time of their appointment as "Alternate
No. 1" and "Alternate No. 2."
B.
The term of the member composing Class I shall correspond
with his 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 term of office as a member of the Environmental
Commission, whichever comes first.
C.
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 is no longer a member of such other body or
at the completion of his Class IV term, whichever comes first.
D.
The terms of Class IV regular members first appointed
pursuant to this chapter 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 appointments, provided that
the initial term shall not exceed four years. Thereafter, the term
of each Class IV regular member shall be four years.
E.
The terms of the Class IV alternate members shall
be 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.
F.
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.
G.
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. Any member other than a Class I member may
be removed by the governing body for cause, but only after public
hearing and other requested procedural due process protection.
H.
Yearly, the Planning Board shall organize by selecting
from among its Class IV regular members a Chairman and a Vice Chairman.
The Board shall also select a Secretary who may or may not be a member
of the Board or a municipal employee.
I.
The governing body shall make provisions in its budget
and appropriate funds for the expenses of the Planning Board.
J.
The office of Planning Board Attorney is hereby created.
The Planning Board may annually appoint to such office and fix the
compensation or the rate of compensation of an attorney at law of
New Jersey other than the Municipal Attorney.
K.
The Planning Board may also employ or contract for
and fix the compensation of such experts and other staff and services
as it may deem necessary. The Board, however, shall not authorize
expenditures which exceed, exclusive of gifts or grants, the amount
appropriated by the governing body for its use.
[1]
Editor's Note: Former § 20-2, Terms
of office, as amended, § 20-3, Vacancies in office, § 20-4,
Organization of Board, § 20-5, Planning Board Attorney,
and § 20-6, Experts and staff, were deleted 6-9-1980 by
Ord. No. 0-80-6.
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 Township, including any areas
outside its boundaries which in the Board's judgment bear essential
relation to the planning of the Township of Plainsboro, in accordance
with the provisions of N.J.S.A. 40:55D-28.
B.
To administer the provisions of the Land Subdivision
Ordinance and Site Plan Review Ordinance of the Township of Plainsboro[1] 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 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 regulation
submitted to it pursuant to the provisions of N.J.S.A. 40:55D-26(a),
and also pass upon other matters specifically referred to the Planning
Board by the Mayor and Township Committee of the Township of Plainsboro
pursuant to the provisions of N.J.S.A. 40:55D-26(b).
G.
When reviewing applications for approval of subdivision
plats, site plans or conditional uses, to grant, to the same extent
and subject to the same restrictions as the Zoning Board of Adjustment:
(1)
Variances pursuant to N.J.S.A. 40:55D-70c.
[Amended 6-9-1980 by Ord. No. 0-80-6]
(2)
(3)
Direction pursuant to Section 27 of said Act[4] for issuance of a permit for a building or structure not
related to a street.
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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 or direction
for issuance of a permit, as the case may be.
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[4]
Editor's Note: See N.J.S.A. 40:55D-36.
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.
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[1] 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.
[1]
Editor's Note: See N.J.S.A. 46:23-9.9 et seq.
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.
Whenever an application to the Planning Board for approval of a subdivision plat, site plan or conditional use includes a request for a hardship variance or special permit, the Planning Board shall grant or deny approval of the application within 120 days after the date of submission of the 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 application pursuant to § 20-22, the aforesaid one-hundred-twenty-day limitation shall apply to the application for approval of the hardship variance or special permit, and the period for granting or denying any subsequent approval shall be as otherwise provided in this chapter.
[Amended 9-24-1994 by Ord. No. 0-84-14[2]]
[2]
Editor's Note: Section 18 of this ordinance
provides as follows: "Any application for development submitted before
July 1, 1984, to a municipal agency pursuant to lawful authority may
be continued at the option of the applicant, and the municipal agency
shall have every power it possessed before July 1, 1984, in regard
to any such application."
D.
Final approval.
(1)
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.
Otherwise, the Planning Board shall be deemed to have granted final
approval for the subdivision.
(2)
Final approval of a major subdivision shall expire
95 days from the date of signing of the plat unless within such period
that 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.
E.
The Planning Board shall grant or deny an application for a conditional use within 95 days of submission or a complete application by a developer to the Board or within such further time as may be consented to by the applicant. The review by the Planning Board of a conditional use shall also include site plan review pursuant to § 85-34 of the Plainsboro Township Code when required. The time period for action by the Planning Board on a conditional use application shall also apply to the coincidental site plan review. Failure of the Planning Board to act within the time period prescribed shall constitute approval of the application, and a certificate of the Zoning Officer as to the failure of the Board to act shall be issued on request of the applicant, and it shall be sufficient in lieu of the written endorsement or other evidence of approval, wherein required, and shall be so accepted by the county recording officer for purposes of filing subdivision plats.
[Added 7-29-1980 by Ord. No. 0-80-12]
F.
Time for decision when Planning Board reviews application
for general development plan approval. The Planning Board shall grant
or deny general development plan approval within 95 days after submission
of a complete application to the administrative officer, 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
general development plan approval of the planned development.
[Added 4-12-1995 by Ord. No. 0-95-11]
Applications for development within the jurisdiction
of the Planning Board pursuant to the provisions of P.L. 1975, c.
291,[1] 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 14 copies of a sketch plat, 14 copies of an application
for minor subdivision approval or 14 copies of an application for
site plan review or conditional use approval. 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 provision 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.
A.
Whenever an application for development to the Planning
Board or Board of Adjustment is permitted or required by this chapter,
it shall be in such form, and accompanied by such maps, documents
and materials as are prescribed by this chapter, and shall be submitted
to the administrative officer in such numbers as is prescribed by
rule of the Board. The administrative officer shall prepare and furnish
to applicants standard application forms which shall require the following
information:
[Added 9-24-1984 by Ord. No. 0-84-14[2]]
(1)
Applicant's name, address and telephone number.
(2)
Owner's name, address and telephone number.
(3)
Interest of the applicant in property.
(4)
Ownership of the applicant.
(5)
Name, address and telephone number of the applicant's
attorney (if represented).
(6)
Street address of the property.
(7)
Tax lot and block number of the property.
(8)
Zone district in which the property is situated.
(9)
Description of the property.
(10)
Description of the proposed development.
(11)
Type of application.
(12)
Specific relief requested.
(13)
Sufficient information to facilitate review of the
proposed development in light of the criteria and standards applicable
to the application for development.
[2]
Editor's Note: Section 18 of this ordinance
provided as follows: "Any application for development submitted before
July 1, 1984, to a municipal agency pursuant to lawful authority may
be continued at the option of the applicant, and the municipal agency
shall have every power it possessed before July 1, 1984, in regard
to any such application."
B.
An application for development shall be complete for the purposes of commencing the applicable time period for action by a municipal agency when so certified by the Township Planner and Engineer jointly or the Director of Planning and Zoning. In the event that the Township Planner and Engineer jointly or the Director of Planning and Zoning does not certify the application to be complete within 45 days of the date of its submission, the application shall be deemed complete upon expiration of the forty-five-day period for the purposes of commencing the applicable time period unless the application lacks information indicated on a checklist provided to the applicant pursuant to § 20-9C, and unless the Township Planner and Engineer jointly or the Director of Planning and Zoning 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 Township Planner and Engineer jointly or the Director of Planning and Zoning 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 be is entitled to approval of the application. The municipal agency may subsequently require correction of any information found to be in error and submission of additional information not specified in this chapter, 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 revision in the accompanying documents so required by the municipal agency.
[Added 9-24-1984 by Ord. No. 0-84-14; amended 4-13-1987 by Ord. No. 0-87-3; 12-12-2007 by Ord. No.
0-07-25]
C.
Checklists.
[Added 9-24-1984 by Ord. No. 0-84-14[3]]
(1)
In accordance with the requirements of N.J.S.A. 40:55D-10.3,
every application for development shall include the checklist attached
to this section as Exhibit "A."[4]
[Amended 5-13-1992 by Ord. No. 0-92-12]
[4]
Editor's Note: Exhibit A, referred to herein,
may be found on file in the office of the Township Clerk attached
to Ordinance No. 0-92-12.
(2)
In addition, the checklist shall also indicate that
the information to be included in the required application form and
the required application fee are necessary for a complete application.
(3)
The administrative officer shall prepare such checklists
and shall furnish the same to applicants together with the appropriate
application form.
[3]
Editor's Note: Section 18 of this ordinance
provided as follows: "Any application for development submitted before
July 1, 1984, to a municipal agency pursuant to lawful authority may
be continued at the option of the applicant, and the municipal agency
shall have every power it possessed before July 1, 1984, in regard
to any such application."
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
[Added 2-13-1978 by No. 0-78-2]
An advisory committee to be known as the "Development
Review Committee" is hereby created.
A.
The Development Review Committee shall review all
applications for development (except informal review of concept plans)
to the Planning Board and may review applications for development
(except informal review of concept plans) to the Zoning Board which
would require site plan or subdivision approval upon referral of that
application by the Zoning Board.
[Amended 4-13-1987 by Ord. No. 0-87-3]
B.
Membership; terms.
[Amended 4-14-1986 by Ord. No. 0-86-3]
(1)
The Development Review Committee shall consist of
the following 12 members:
[Amended 4-13-1987 by Ord. No. 0-87-3; 10-7-1991 by Ord. No.
0-91-35]
(a)
Three members of the Planning Board as appointed
by the Chairman of that Board.
(b)
One member of the Zoning Board of Adjustment
as appointed by the Chairman of that Board.
(c)
The Township Planner.
(d)
The Township Engineer.
(e)
A representative of the Shade Tree Advisory
Committee.
(f)
A representative of the Environmental Advisory
Committee.
(g)
The Fire Subcode Official or the Fire Official.
(h)
The Zoning Enforcement Officer or the Building
Inspector.
(i)
The Director of Planning and Zoning.
[Amended 12-12-2007 by Ord. No. 0-07-25]
(j)
A representative of the Police Department.
(2)
The terms of all members shall be for one year, computed
from the first day of January of the year of appointment. Vacancies
shall be filled in the same manner as the original appointment, and
those occurring other than by expiration of a term shall be filled
for the unexpired term. Members shall continue serving after the expiration
of their terms until such time as their successors have been appointed.
C.
The Development Review Committee shall conduct informal
meetings each month to review development applications. Applicants
may appear on their own behalf or may appear through an attorney,
architect or engineer. The Planner or Community Development Director
will serve as Chairman of the Committee.
[Amended 4-14-1986 by Ord. No. 0-86-3; 4-13-1987 by Ord. No.
0-87-3]
D.
Determination of completeness; recommendations; decisions.
[Amended 4-14-1986 by Ord. No. 0-86-3; 4-13-1987 by Ord. No.
0-87-3]
(1)
The Development Review Committee shall make a determination,
in writing, on the completeness of each application and determine
the date of proper submission of the respective Board.
(2)
Additionally, the Development Review Committee shall
present a written report on each application which it reviews, containing
its recommendations on the following subjects.
(a)
The findings on the proposed application, including
potential ordinance violations, necessary variances and specific site
plan and subdivision considerations.
(3)
The Development Committee shall decide the following:
E.
The report of the Development Review Committee shall
be distributed to the Secretary of the Board where the formal application
is to be presented and to the applicant. The report shall not be binding
on the Planning Board or Zoning Board, nor shall the applicant be
relieved of any requirements or regulations which have not been included
in the report.
[Amended 5-13-1992 by Ord. No. 0-92-12]
The environmental impact assessment shall be
in the form of a concise report describing the environmental features
of the property and supplemented with sketches, plans and a survey.
The report shall include the following information:
A.
Project description including the purpose and scope
of the proposed project, the suitability of the site for the intended
use, the extent to which the site must be altered, the kinds of facilities
to be constructed, the uses intended, and an estimate of the resident
population and working population.
B.
Site description and inventory showing:
(2)
Soil classifications (i.e. clay, sand loam, etc.).
(3)
Topography.
(4)
Geology.
(5)
Vegetation.
(6)
Existing development features.
(7)
Ground, surface, potable water.
(8)
Sewerage facilities.
(9)
Drainage.
(10)
Depth to seasonally high groundwater.
(11)
Erosion hazard (low, moderate or high).
(12)
Traffic.
C.
The anticipated environmental impact, if any, on the
following:
(1)
Land use.
(2)
Ground, surface, potable water.
(3)
Air quality.
(4)
Wildlife habitat.
(5)
Social and economic aspects of the community.
(6)
Noise (during and after construction).
(7)
Solid and other waste.
(8)
Cultural activities.
(9)
Aesthetics of the project area.
(10)
Archeological and historic sites.
(11)
Traffic.
(12)
Drainage.
(13)
Erosion hazard.
(14)
Other environmental impacts.
D.
Cumulative and/or long-term environmental effects.
E.
Evaluation of unavoidable impacts, if any.
F.
Methods of mitigating adverse environmental impacts.
G.
Alternatives to the proposed project.
[Added 5-13-1992 by Ord. No. 0-92-12]
The Planning Board and Board of Adjustment shall
make available to the Environmental Advisory Committee an informational
copy of every environmental impact assessment submitted with a development
application. Failure to make the informational copy available shall
not invalidate any hearing or proceeding. The Environmental Advisory
Committee may provide its advice as to:
A.
The project's impact on the environment.
B.
The applicant's plan to minimize any impact upon natural
resources.
C.
The applicant's plan to minimize demand upon the total
resources available to the project site and to the impact area.
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The Environmental Advisory Committee may provide
its advice, which shall be conveyed through its delegation of one
of its members or staff to testify orally at the hearing on the application
and to explain any written report which may have been submitted.
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The Board shall adopt such rules and regulations
as may be necessary to carry into effect the provisions and purposes
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.
