There is established in East Greenwich Township a planning board of nine members, consisting of the following four classes pursuant to R.S. 40:55D-23:

A.

Class I: the mayor.

B.

Class II: one of the officials of the township, other than a member of the township committee, to be appointed by the mayor.

C.

Class III: a member of the township committee appointed by it.

D.

Class IV: six other citizens of the township to be appointed by the township committee. The members of Class IV shall hold no other municipal office, except that one Class IV member may be a member of the board of education.

E.

Alternate Members. Pursuant to N.J.S.A. 40:55D-23.1 alternate members shall be appointed by the mayor, and shall meet the qualifications of Class IV members. Alternate members shall be designated at the time of appointment by the mayor as "Alternate No. 1," "Alternate No. 2," "Alternate No. 3," and "Alternate No. 4." The terms of the alternate members shall be such that the terms of not more than two alternate members 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 a term shall be filled by the mayor for the unexpired term only.

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. In the event that a choice must be made as to which alternate member is to vote, alternate number one shall vote.

(Ord. 23-2007 § 4 (part): prior code § 12-7.1)

The term of the Class I member shall correspond with his or her official tenure. The terms of the Class II and Class III members shall be for one year or terminate at the completion of their respective terms of office, whichever occurs first. 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 other body, or at the completion of his or her Class IV term, whichever occurs first. The terms of all Class IV members first appointed pursuant to this chapter shall be so determined that, to the greatest practicable extent, the expiration of such term shall be distributed evenly over the first four years after their appointments, as determined by resolution of the township committee; provided, however, that no initial term of any Class IV member shall exceed four years; and further provided, that nothing 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 herein provided. All terms shall run from January 1st of the year in which the appointment was made.

(Ord. 23-2007 § 4 (part): prior code § 12-7.2)

Editor's note— Ord. No. 1-2015, adopted February 10, 2015, repealed § 16.08.030 in its entirety. Former § 16.08.030 pertained to "Vacancies—Removal," and was derived from Prior code § 12-7.3 and Ord. No. 12-2012, § 1, adopted August 14, 2012.

The planning board shall elect a chairperson and vice-chairperson from the members of Class IV, and select a secretary, who may be either a member of the planning board or a township employee.

(Prior code § 12-7.4)

The planning board may employ or contract for and fix the compensation of legal counsel, experts and other staff and services as it may deem necessary, not exceeding, exclusive of gifts or grants, the amount appropriated by the township committee for its use. The township solicitor may not be the planning board attorney.

(Prior code § 12-7.5)

The planning board is authorized to adopt bylaws governing its procedural operation. The board's zoning powers shall be in accordance with N.J.S. 40:55D-69 et seq. (Article 9 of P.L. 1975, c. 291), and amendments and supplements thereto, and with the provisions of this chapter. Any references to the "zoning board" or "zoning board of adjustment" anywhere in the Township of East Greenwich ordinances, whether or not codified, shall mean the planning board herein, exercising, pursuant to N.J.S.A. 40:55D-25, all zoning powers shall be in accordance with N.J.S. 40:55D-69 et seq. (Article 9 of P.L. 1975, c. 291), and amendments and supplements thereto, and with the provisions of this chapter. It shall also have the following powers and duties:

A.

To make, 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, in accordance with the provisions of R.S. 40:55D-28;

B.

To administer the provisions of Chapters 16.16 through 16.54, Land Subdivision, in accordance with the provisions of such chapters and R.S. 40:55D-1, et seq., the Municipal Land Use Law of 1975, Chapter 291;

C.

To participate in the preparation and review of programs or plans required by state or federal law or regulations;

D.

To consider and make recommendations to the township committee, within thirty-five (35) days of submission, on any proposed development regulation or official map adoption or amendment referred to it pursuant to R.S. 40:55D-26a, and upon other matters specifically referred to the planning board pursuant to R.S. 40:55D-26b;

E.

To assemble data on a continuing basis as part of a continuous planning process;

F.

To annually participate in the preparation and review of a program of municipal capital improvement projects projected over a term of six years, and amendments thereto;

G.

To review and approve conditional use applications if so provided for by Chapters 16.56 through 16.86, Zoning, in accordance with the provisions of that chapter pursuant to R.S. 40:55D-67;

H.

Whenever the proposed development requires approval of a subdivision, site plan or conditional use, but not a variance pursuant to R.S. 40:55D-70d, Section 16.10, to grant to the same extent and subject to the same restrictions as a zoning board of adjustment:

1.

Variances, pursuant to R.S. 40:55D-70c, from lot area, lot dimensions, setback and yard requirements,

2.

Direction, pursuant to R.S. 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 reserved area pursuant to R.S. 40:55D-32,

3.

Direction, pursuant to R.S. 40:55D-36, for issuance of a permit for a building or structure not related to a street.

Whenever relief is required pursuant to this subsection, the 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.

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 the granting of all required subsequent approvals by the planning board. No such subsequent approval shall be granted unless 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 zoning ordinance;

I.

To perform other advisory duties, such as preparation of capital improvement programs, as may be assigned to it by ordinance or resolution of the township committee for the aid and assistance of the township committee or other agencies or officers;

J.

Pursuant to N.J.S.A. 40:55D-25 shall exercise, to the same extent and subject to the same restrictions, any and all the powers of the zoning board of adjustment, but the Class I and the Class III members planning board shall not participate in the consideration of applications for development which involve relief pursuant to subsection d. of Section 57 of P.L. 1975, c. 291 (C. 40:55D-70);

K.

The powers of the board shall be in accordance with N.J.S. 40:55D-69 et seq. (Article 9 of P.L. 1975, C. 291) and amendments thereto, and with the provisions of this chapter;

L.

It is further the intent of this chapter to confer upon the board as full and complete powers as may be lawfully be conferred upon any zoning board of adjustment, including but not by way of limitation, the authority in connection with any case, action or proceeding before the board to interpret and construe the provisions of this chapter or any term, clause, sentence or word thereof, and the zoning map, in accordance with the general rules of construction applicable to legislative enactments;

M.

Hear and decide appeals where it is alleged by the appellant there is error in any order, requirement, decision or refusal made by an administrative officer or based on or made in the enforcement of the zoning chapter;

N.

Hear and decide requests for interpretation of the zoning map or zoning chapter, or for decisions upon other special questions upon which such board is authorized to pass, in accordance with R.S. 40:55D-1, et seq.;

O.

Where:

1.

By reason of exceptional narrowness, shallowness or shape of a specific piece of property,

2.

By reason of exceptional topographic conditions or physical features uniquely affecting a specific piece of property, or

3.

By reason of an extraordinary and exceptional situation uniquely affecting a specific piece of property or the structures lawfully existing thereon; the strict application of any regulation pursuant to Chapters 16.56 through 16.86, Zoning, would result in peculiar and exceptional practical difficulties to, or exceptional and undue hardship upon, the developer of such property, grant, upon an application or an appeal relating to such property, a variance from such strict application of such regulation so as to relieve such difficulties or hardship.

Where, in an application or appeal relating to a specific piece of property, the purposes of Chapters 16.56 through 16.86, Zoning, would be advanced by a deviation from the zoning ordinance requirements and the benefits of the deviation would substantially outweigh any detriment, grant a variance to allow departure from such regulations; provided, however, that no variance from those departures enumerated in subsection P of this section, shall be granted under this paragraph; and provided further, that the proposed development does not require approval by the planning board of a subdivision, site plan or conditional use, in conjunction with which the planning board has power to review a request for a variance pursuant to R.S. 40:55D-47a and subsection H of this section;

P.

In particular cases and for special reasons, grant a variance to allow departure from regulations pursuant to R.S. 40:55D-62 through 68 to permit:

1.

A use or principal structure in a district restricted against such use or principal structure,

2.

An expansion of a nonconforming use,

3.

Deviation from a specification or standard pursuant to R.S. 40:55D-67 pertaining solely to a conditional use,

4.

An increase in the permitted floor area ratio as defined in R.S. 40:55D-4,

5.

An increase in the permitted density as defined in R.S. 40:55D-4, except as applied to the required lot area for a lot or lots for detached one- or two-dwelling unit buildings, which lot or lots are either an isolated undersized lot or lots resulting from a minor subdivision.

A variance under this subsection shall be granted only by affirmative vote of at least five members.

No variance or other relief may be granted under the terms of this chapter unless such variance or other relief can be granted without substantial detriment to the public good and will not substantially impair the intent and the purpose of the zone plan and zoning chapters. In respect of any airport hazard areas delineated under the Air Safety and Hazardous Zoning Act of 1983, R.S. 6:1-80, et seq., no variance or other relief may be granted under the terms of this chapter permitting the creation or establishment of a nonconforming use which would be prohibited under the standards promulgated pursuant to that act except upon issuance of a permit by the commissioner of transportation. An application under this chapter may be referred to any appropriate person or agency for its report; provided that such reference shall not extend the period of time within which the planning board shall act;

Q.

Direct the issuance of a permit pursuant to R.S. 40:55D-34, for a building or structure in the bed of a mapped street or public drainageway or flood control basin or public area reserved on the official map;

R.

Direct issuance of a permit pursuant to R.S. 40:55D-35 for a building or structure on a lot not abutting a street;

S.

To grant, to the same extent and subject to the same restrictions as the planning board, subdivision or site plan approval, pursuant to R.S. 40:55D-37 through 59, or conditional use approval pursuant to R.S. 40:55D-67, whenever the board is reviewing an application for approval of a use variance pursuant to subsection P of this section.

No variance or other relief may be granted under the provisions of subsections M through P of this section unless such variance or other relief can be granted without substantial detriment to the public good and shall not substantially impair the intent and purpose of the zone plan and zoning ordinance.

The developer may elect to submit a separate application requesting approval of the variance and a subsequent application for any required approval of a subdivision site plan or conditional use. The separate approval of the variance shall be conditioned upon grant of all required subsequent approvals by the planning board. No such subsequent approval shall be granted unless such 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 the zoning ordinance. The number of votes of board members required to grant any such subsequent approval shall be as otherwise provided in the Municipal Land Use Law, R.S. 40:550-1, et seq., for the approval in question. Any application under any provision of this section may be referred to any appropriate person or agency for its report; provided, that such reference shall not extend the period of time within which the planning board shall act.

(Ord. 23-2007 § 4 (part): prior code § 12-7.6)

A.

Minor Subdivision Approval. Minor subdivision approvals shall be granted or denied within forty-five (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 period shall constitute minor subdivision approval, and a certificate of the administrative officer as to the failure of the planning board to act shall be issued on request of the applicant. Approval of a minor subdivision shall expire one hundred ninety (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, R.S. 46:23-9.9, et seq., or a deed clearly describing the approved minor subdivision is filed by the developer with the county clerk, township engineer and 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 clerk. 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 of minor subdivision approval, provided that the approved minor subdivision shall have been duly recorded.

B.

Preliminary Approval of Major Subdivision.

1.

Upon submission of a complete application for a subdivision of ten (10) or fewer lots, the planning board shall grant or deny preliminary approval within forty-five (45) days of 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 ten lots, the planning board shall grant or deny preliminary approval within ninety-five (95) days 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.

2.

Preliminary approval of a subdivision plat or site plan shall confer upon the developer the following rights:

a.

That the general terms and conditions on which preliminary approval was granted shall not be changed for a three-year period from the date of preliminary approval, unless modified by ordinance provisions relating to public health or safety;

b.

That the developer may submit for final approval, on or before the expiration date of preliminary approval, the whole or a section or sections of the preliminary subdivision plat;

c.

That the applicant may apply for and the planning board may grant extensions of such preliminary approval for additional periods of at least one year or longer, as provided in R.S. 40:55D-49.

C.

Ancillary Powers. Whenever the planning board is called upon to exercise its ancillary powers, before the granting of a variance or building permits, as set forth in Section 16.08.060(H), the planning board shall grant or deny approval of the application within one hundred twenty (120) days after submission by the developer of a complete application, 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 any subsequent approval shall be as otherwise provided in this chapter.

D.

Final Approval, Major Subdivisions. Application, for final subdivision approval shall be granted or denied within forty-five (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 ninety-five (95) days from the date of signing of the plat, unless within such period the plat has been duly filed by the developer with the county clerk. The planning board may, for good cause shown, extend the period for recording for an additional period not to exceed one hundred ninety (190) days from the date of signing of the plat.

E.

Site Plan Approval. Minor site plan approval shall be granted or denied within forty-five (45) days of the date of the submission of a complete application to the administrative officer. 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.

Upon submission of a complete application for preliminary approval for a major site plan for ten (10) acres or less, the planning board shall grant or deny preliminary approval within forty-five (45) days of the date of submission. Upon submission of a complete application for preliminary approval for a major site plan for more than ten (10) acres, the planning board shall grant or deny preliminary approval within ninety-five (95) days of submission. Following preliminary approval, final approval of a major site plan shall be granted or denied within forty-five (45) days of submission of a complete application for final approval.

The time for board decision may be extended by consent of the applicant.

All necessary permits and approvals shall be obtained before a construction permit may be issued and before construction may commence.

Any approval of a site plan shall expire at the end of two years from the date of approval, unless a construction permit has been obtained or the planning board has approved an extension. An extension of an approval after two years may be granted provided that, if an ordinance has been enacted affecting that site, the applicant may be required to conform to the new ordinance. Construction permits shall expire at the end of one year, unless construction has begun and is showing reasonable progress.

F.

Failure of Planning Board to Act. Failure of the planning board to act within the period set forth in this section, 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; and it shall be sufficient in lieu of written endorsement or other evidence of approval.

(Prior code § 12-7.7)

A.

Applications for development within the jurisdiction of the planning board shall be filed with the secretary of the planning board. The developer shall file an application, together with all necessary engineering details and other supporting documentation, not less than twenty-one (21) days before the regular planning board meeting at which the applicant wishes consideration.

B.

Twelve (12) copies of the application, engineering details and other supporting documents shall be filed with the secretary of the planning board.

C.

Failure to file the requisite number of documents or failure to file at least twenty-one (21) days prior to the planning board meeting shall result in the rejection of the application by the planning board until the next regularly scheduled meeting of the planning board, as the planning board shall, in its sole discretion, determine.

(Prior code § 12-7.8)

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 forty-five (45) days of the date of its submission, the application shall be deemed complete upon the expiration of the forty-five (45) day period for purposes of commencing the applicable time period unless:

A.

The application lacks information required by Chapters 16.16 through 16.54, Land Subdivision and Site Plan Review, of this revision 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 forty-five (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 forty-five (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 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.

(Prior code § 12-7.9)

The mayor 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.

(Prior code § 12-7.10)

Pursuant to R.S. 40:55D-12a, approval for any site plan application submitted to the East Greenwich Township planning board shall not be granted unless the applicant shall give public notice in accordance with R.S. 40:55D-12 and a hearing shall have been held in compliance with the statutes and the requirements of this title. Notice requirements for the hearing, as well as the rules and regulations governing the hearing, shall be in compliance with Sections 16.12.050 and 16.12.060.

(Prior code § 12-7.11)

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.

(Prior code § 12-7.12)

The planning board shall adopt such rules and regulations as may be necessary to carry into effect the provisions and purposed of these land use provisions. In the issuance of subpoenas, administration of oaths and taking of testimony, the provisions of the County and Municipal Investigation Law of 1953, R.S. 2A:67A-1, et seq., shall apply.

(Prior code § 12-7.13)

Last revised by Ordinance 15-2008 (Chapter [sections] 16.08.080 and 16.16.070)
X: denotes required for submission

Name of Applicant: ___________ Application #: ________

(Ord. 15-2008)