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Sparta Township City Zoning Code

§ 18-3.2

Planning Board.

[Ord. No. 636 A302; Ord. No. 841 § IV]
a. 
Establishment. There is hereby established pursuant to N.J.S.A. 40:55D-23 in the Township of Sparta, a Planning Board of nine members, consisting of the following four classes:
Class I. The Mayor.
Class II. One of the officials of the municipality other than a member of the Governing Body to be appointed by the Council; 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. 40:56-1 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.
Class III. A member of the Governing Body to be appointed by it.
Class IV. Six other citizens of the municipality to be appointed by the Township Council.
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. 40:56-1 shall be a Class IV.
Planning Board member unless there be 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.
1. 
Alternate Members. There may be two alternate members appointed by the Township Council as Class IV members and they 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 and Alternate No. 2. The terms of the alternate members shall be for two years except that the terms for the first alternate member 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 and by the unexpired term shall be filled by the appointing authority 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. 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.
b. 
Terms. 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 his term of office as a member of the Environmental Commission, whichever occurs first.
The terms of a Class IV member who is also a member of the Zoning Board of Adjustment or 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 occurs first.
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 distributed evenly over the first four years after their appointment as determined by resolution of the Governing Body, providing 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 terms for which they were appointed. Thereafter, all Class IV members shall be appointed for terms of four years except as otherwise hereinabove provided. All terms shall run from January 1 of the year in which the appointment is made.
c. 
Vacancies and Removals. If a vacancy in 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, after a public hearing if he requests one, may be removed by the Governing Body for cause.
d. 
Organization of Board. The Planning Board shall elect a Chairman and Vice Chairman from the members of Class IV and select a Secretary who shall be a member of the Planning Board.
e. 
Planning Board Attorney. The office of Planning Board Attorney is hereby created. The Planning Board may annually appoint to such office, fix compensation or rate of compensation of an attorney-at-law of New Jersey other than the Township Attorney. Such compensation, however, shall not exceed the amount appropriated by the Governing Body for this use.
f. 
Experts and Staff. In addition, 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 however exceed, exclusive of gifts or grants, the amount appropriated by the Governing Body for its use. The Township Manager shall appoint a person to perform secretarial or clerical functions for the Planning Board and, in particular, to assist the Secretary of the Planning Board.
g. 
Powers and Duties Generally. The Planning Board is authorized to adopt bylaws governing its procedural operation. It shall also have the following powers and duties.
1. 
To make and adopt at least every six years and amend a Master Plan for the physical development of the Township, considering 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. 40:55F-28.
2. 
To hear and decide site plan and subdivision applications in accordance with the provisions of N.J.S.A. 40:55D-1 et seq. and the Comprehensive Land Management Code.
3. 
To hear applications for conditional uses and in proper cases to approve conditional use permits in accordance with the provisions of the Zoning Ordinance pursuant to N.J.S.A. 40:55D-67.
4. 
To participate in the preparation and review of programs or plans required of the Planning Board by State or Federal law or regulations.
5. 
To prepare an official map for Sparta Township in accordance with the provisions of N.J.S.A. 40:55D-1 et seq.
6. 
To assemble data on a continuing basis as part of a continuous planning process.
7. 
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.
8. 
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 Council, pursuant to the provisions of N.J.S.A. 40:55D-26(b).
9. 
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:
(a) 
Variances pursuant to N.J.S.A. 40:55D-70c;
(b) 
Direction pursuant to N.J.S.A. 40:55D-34 for issuance of permit for building or structure in the bed of a mapped street or public drainage way, flood control basin or public area reserved pursuant to N.J.S.A. 40:55d-34; and
(c) 
Direction pursuant to N.J.S.A. 40:55D-35 of said act for issuance of a permit for building or structure not related to a street. Whenever relief is requested pursuant to this section, 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.
10. 
To perform such other advisory duties as are assigned to it by ordinance or resolution of the Governing Body for the aid and assistance to other agencies or officers.
h. 
Time for Decision.
1. 
Minor Subdivisions 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 which has been certified as complete 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," 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.
2. 
Preliminary Approval — Major Subdivisions. Upon submission of a complete application which has been certified as complete 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 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.
3. 
Ancillary Powers. Whenever the Planning Board is called upon to exercise its ancillary powers before the granting of a variance as set forth in N.J.S.A. 40:55D-60, the Planning Board shall grant or deny approval of the application within 120 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 prescribed shall constitute approval of the application and a certificate of the Planner as to the failure of the Planning Board to act shall be issued on request of the applicant.
4. 
Final Approval. Application for final subdivision approval shall be granted or denied within 45 days of submission of a complete application which has been certified as complete or within such further time as may be consented to by the applicant. Final approval of 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.
i. 
Applications; Procedure for Filing. Applications for development within the jurisdiction of the Planning Board pursuant to the provisions of N.J.S.A. 40:55D-1 et seq. shall be filed with the Secretary of the Planning Board. Applicant shall file 12 copies of a sketch plat; four copies of applications for minor subdivision approval; four copies of application for major subdivision approval; or four copies of application for site plan review, or conditional use approval. The applicant shall also file all fees, plot plans, maps or other papers required by virtue of any provision of this chapter or any rule of the Planning Board. The Secretary shall obtain all necessary forms from the Secretary of the Planning Board. The Planner shall inform the applicant of the steps to be taken to initiate applications and of the regular meeting dates of the Board.
j. 
Advisory Committee. The Council 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 Council.
k. 
Environmental Commission. 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 Planning Board. Failure of the Planning Board to make such informational copy available to the Environmental Commission shall not invalidate any hearing or proceeding.
l. 
Rules and Regulations. 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.2A:67A-1 et seq.) shall apply.