Toms River City Zoning Code
§ 348-3.1
Planning Board.
A.
Establishment. The Planning Board presently in existence pursuant to P.L. 1975, c. 291, and Ordinance No. 1624 is hereby continued to consist of nine members of the following four classes:
(1)
Class I: the Mayor.
(2)
Class II: one of the officials of the Township other than a member of the Township Committee, 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 Toms River Regional Board of Education among the Class IV members or alternate members.
[Amended 3-11-1980 by Ord. No. 1909]
(3)
Class III: a member of the Township Committee, to be appointed by it.
(4)
Class IV: six other citizens of the Township of Toms River, to be appointed by the Mayor. 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 Toms River Regional 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 the Class II member of the Planning Board.
B.
Terms.
(1)
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 a 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 comes first.
(2)
The term of a Class IV member who is also a member of the Zoning Board of Adjustment or the Toms River Regional 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.
(3)
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 terms shall be evenly distributed over the first four years after their appointment as determined by resolution of the Township Committee; provided, however, that no term of any member shall exceed four years, and further provided that nothing herein shall affect the terms of any present members 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 1 of the year in which the appointment was made.
C.
Conflicts. No member of the Planning Board shall be permitted to act on any matter which he has, either directly or indirectly, any personal or financial interest. In the event that the Planning Board shall lack a quorum of members eligible to act upon an application due to either direct or indirect personal or financial interests therein, regular members of the Board of Adjustment shall be called to serve as temporary members of the Planning Board, in order of seniority of continuous service to the Board of Adjustment, until there is a minimum number of members necessary to constitute a quorum to act upon the matter without any direct or indirect personal or financial interest therein. If a choice has to be made between regular members of equal seniority, the Chairman of the Board of Adjustment shall make the choice.
[Amended 5-13-1992 by Ord. No. 2911-92]
D.
Vacancies. 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.
E.
Removal. Any member other than a Class I member, after a public hearing if he requests one, may be removed by the Township Committee for cause.
F.
Organization of Board. The Planning Board shall elect a Chairman and Vice Chairman from the members of Class IV and select a Secretary and Assistant Secretary who may be either a member of the Planning Board or a municipal employee designated by it.
G.
Planning Board Attorney. There is hereby created the office of 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 Municipal Attorney.
H.
Experts and staff. The Planning Board may also employ or contract for the services of experts and other staff and services as it may deem necessary. The Planning Board shall not exceed, however, exclusive of gifts or grants, the amount appropriated by the Township Committee for its use.
I.
Powers and duties. The Planning 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. The Planning Board shall have the following powers and duties:
(1)
To make and adopt and from time to time amend a Master Plan for the physical development of the municipality, including any 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-28.
(2)
To administer site plan and land subdivision review in accordance with the provisions of this chapter and Article 6 of P.L. 1975, c. 291.
(3)
To grant exceptions from certain requirements for subdivision and site plan approval pursuant to N.J.S.A. 40:55D-51.
(4)
To approve conditional use applications in accordance with the provisions of this chapter and pursuant to N.J.S.A. 40:55D-67.
(5)
To consider and make report to the Township Committee 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-26a and also pass upon other matters specifically referred to the Planning Board by the Township Committee pursuant to the provisions of N.J.S.A. 40:55D-26b.
(6)
To participate in the preparation and review of programs or plans required by state or federal law or regulations.
(7)
To assemble data on a continuing basis as part of a continuing planning process.
(8)
To annually prepare a program of municipal capital improvement projects over a term of six years, and amendments thereto, and recommend same to the governing body pursuant to the provisions of N.J.S.A. 40:55D-29.
(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, from lot area, dimensional, setback and yard requirements.
[Amended 3-11-1980 by Ord. No. 1909]
(b)
Direction, pursuant to N.J.S.A. 40:55D-34, for issuance of permits for buildings or structures in the bed of a mapped street or public drainageway, flood control basin or public area reserved pursuant to N.J.S.A. 40:55D-32.
(c)
Direction, pursuant to N.J.S.A. 40:55D-36, for issuance of permits for buildings or structures not related to a street.
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. |
(10)
To review of capital projects pursuant to N.J.S.A. 40:55C-31.
(11)
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 Township Committee or other agencies or officers.
(12)
The Township Committee may by ordinance provide for the reference of any matter or class of matters to the Planning Board before final action thereon by a municipal body or municipal officer having final authority thereon. Such reference shall not extend the time for action by the referring body, whether or not the Planning Board has submitted its report. Whenever the Planning Board shall have made a recommendation regarding a matter authorized by ordinance to another municipal body, such recommendation may be rejected only by a majority of the full authorized membership of such other body.
J.
Time limits for approvals.
[Amended 7-10-1979 by Ord. No. 1860; 3-11-1980 by Ord. No. 1909; 6-11-1985 by Ord. No. 2329-85; 5-13-1992 by Ord. No. 2911-92]
(1)
Minor subdivision.
(a)
Minor subdivision approval shall be granted or denied within 45 days of the date of submission of a complete application to the Administrative Officer or within such further period of time as may be consented to by the applicant.
(b)
Approval of a minor subdivision shall expire 190 days from the date of adoption of the resolution of 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 if filed with the county recording officer, the Township Engineer and the Township Tax Assessor. Any such deed or plat shall be signed by the Chairman and Secretary of the Planning Board prior to acceptance for filing by the county recording officer.
[1]
Editor's Note: See N.J.S.A. 46:23-9.9 et seq.
(c)
Effect of approval. 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 adoption of the resolution of approval, provided that the approved minor subdivision shall have been duly recorded as provided herein.
(d)
Extension of time for filing. The Planning Board may extend the one-hundred-ninety-day period for filing a minor subdivision plat or deed pursuant to Subsection J(1)(b) above, if the developer proves to the reasonable satisfaction of the Planning Board that 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 that the developer applied promptly for and diligently pursued such approvals. Such extension shall be for a period of time equal to the period which the Planning Board finds that filing was delayed by the wait for the other approvals. The developer may apply for the extension either before or after what would otherwise be the date of expiration.
(e)
Extension of approval. The Planning Board shall grant an extension to minor subdivision approval if the developer proves to the reasonable satisfaction of the Planning Board that 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 the developer applied promptly for and diligently pursued these approvals. This period of extension shall be for a period of time not to exceed one year from what would otherwise be the expiration date. A developer shall apply for this extension before the later of what would otherwise be the date of expiration of minor subdivision approval or the lapse of 91 days from the date of the receipt by the developer of the last of the legally required approvals from other governmental entities.
(2)
Minor site plans.
(a)
Minor site plan approval shall be granted or denied within 45 days of the date of submission of a complete application to the Administrative Officer or within such further time as may be consented to by the applicant.
(b)
Effect of minor site plan approval. Minor site plan approval shall confer upon the applicant the right that the general terms and conditions upon which minor site plan approval is granted shall not be changed for a period of two years.
(c)
Extension of approval. The Planning Board shall grant an extension if the developer proves to the reasonable satisfaction of the Planning Board that 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 agencies and that the developer applied promptly for and diligently pursued these approvals. This period of extension shall be for a period of time not to exceed one year from what would otherwise be the expiration date. A developer shall apply for this extension before the later of what would otherwise be the date of expiration or lapse of 91 days of the date of receipt by the developer of the last legally required approvals from the other governmental entities.
(3)
Preliminary site plan approval. Upon the submission to the Administrative Officer of a complete application for a site plan which involves 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 the submission of a completed application for a site plan which involves more than 10 acres or more than 10 dwelling units, 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 of the site plan.
(4)
Preliminary major subdivision approval. Upon submission of a complete application to the Administrative Officer 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 to the Administrative Officer 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.
(5)
Effect of preliminary approval.
(a)
Preliminary approval of a major subdivision or of a site plan shall, except as otherwise provided herein, confer upon the applicant the following rights for a three-year period from the date of adoption of the resolution of preliminary approval:
[1]
That the general terms and conditions on which preliminary approval was granted shall not be changed, including but not limited to use requirements; layouts and design standards for streets, curbs and sidewalks; lot size; yard dimensions; and off-tract improvements, and, in the case of a site plan, any requirements peculiar to site plan approval pursuant to N.J.S.A. 40:55D-41; except that nothing herein shall be construed to prevent the municipality from modifying by ordinance such general terms and conditions of preliminary approval as relate to public health and safety.
[2]
That the applicant 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 or site plan, as the case may be.
[3]
That the applicant may apply for and the Planning Board may grant extensions on such preliminary approval for additional periods of at least one year, but not to exceed a total extension of two years, provided that, if the design standards have been revised by ordinance, such revised standards shall govern.
(b)
In the case of a subdivision of or site plan for an area of 50 acres or more, the Planning Board may grant the rights referred to in Subsection J(5)(a)[1], [2] and [3] above for such period of time longer than three years as shall be determined by the Planning Board to be reasonable taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval, economic conditions and the comprehensiveness of the development. The applicant may apply for thereafter and the Planning Board may thereafter grant an extension to preliminary approval for such additional period of time as shall be determined by the Planning Board to be reasonable taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval, the potential number of dwelling units and nonresidential floor area permissible under preliminary approval, the potential number of dwelling units and nonresidential floor area of the section or sections awaiting final approval, economic conditions and the comprehensiveness of the development, provided that if the design standards have been revised, such revised standards shall govern.
(c)
Whenever the Planning Board grants an extension for preliminary approval pursuant to Subsection J(5)(a)[3] or (b) above, and preliminary approval has expired before the date of the grant of the extension, the extension shall revive preliminary approval and date from what was otherwise the date of expiration. The developer may apply for the extension either before or after what would otherwise be the date of expiration.
(d)
The Planning Board shall grant an extension to preliminary approval if the developer proves to the reasonable satisfaction of the Planning Board that the developer was barred or prevented, directly or indirectly, from proceeding with development because of delays in obtaining legally required approvals from other governmental entities and the developer applied promptly for and diligently pursued these approvals. This period of extension shall be for not more than one year from what would otherwise be the expiration date. The developer shall apply for this extension before the later of what would otherwise be the date of expiration of preliminary approval or less than 91 days from the date of receipt by the developer of the last of the legally required approvals from other governmental entities. Any extension granted pursuant to this subsection shall not preclude the power of the Planning Board to grant extensions pursuant to Subsection J(5)(a)[3] and/or (b) of this section.
(6)
Final approval.
(a)
Application for final subdivision or site plan approval shall be granted or denied within 45 days of submission of a complete application to the Administrative Officer or within such further time as may be consented to by the applicant.
(b)
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 flied by the developer with the county recording office, the Township Engineer and the Township Tax Assessor. The Planning Board may, for good cause shown, extend the period for recording an additional period not to exceed 190 days from the date of the signing of the plat. The Planning Board may extend the ninety-five- or one-hundred-ninety-day period if the developer proves to the reasonable satisfaction of the Planning Board that 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 the developer applied promptly for and diligently pursued these approvals. Such extension shall be equal to the period of delay caused by the wait for the required approvals as determined by the Planning Board, and the developer may apply for such extension either before or after the original expiration date.
(7)
Effect of final approval.
(a)
The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer at preliminary approval, whether conditionally or otherwise, shall not be changed for a period of two years after the date of the adoption of the resolution of final approval, provided that in the case of a major subdivision the rights conferred by this section shall expire if the plat has not been duly recorded within the required time period. If the developer has followed the standards prescribed for final approval and in the case of a subdivision, has duly recorded the plat, the Planning Board may extend such period of protection for extensions of one year but not to exceed three extensions. Notwithstanding any other provisions of P.L. 1975 c. 291, the granting of final approval terminates the time period of the rights conferred by preliminary approval for the section granted final approval.
(b)
In the case of a subdivision or site plan for a planned unit development or planned unit residential development or residential cluster of 50 acres or more or conventional subdivision or site plan for 150 acres or more, the Planning Board may grant rights for such period of time longer than two years as shall be determined by the Planning Board to be reasonable taking into consideration the number of dwelling units and nonresidential floor area permissible under final approval, economic conditions and the comprehensiveness of the development. The developer may apply for thereafter and the Planning Board may thereafter grant an extension of final approval for such additional period of time as shall be determined by the Planning Board to be reasonable taking into consideration the number of dwelling units and nonresidential floor area permissible under final approval, the number of dwelling units and nonresidential floor area remaining to be developed, economic conditions and the comprehensiveness of the development.
(c)
Whenever the Planning Board grants extension to final approval pursuant to Subsection J(7)(a) or (7)(b) above, and final approval has expired before the date of the grant of the extension, the extension shall revive final approval and date from what was otherwise the date of expiration. The developer may apply for the extension before or after what would otherwise be the date of expiration.
(d)
The Planning Board shall grant an extension to final approval if the developer proves to the reasonable satisfaction of the Planning Board that 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 the developer applied promptly for and diligently pursued these approvals. This period of extension shall be for not more than one year from what would otherwise be the date of expiration of final approval. The developer shall apply for this extension before the later of what would otherwise be the date of expiration of final approval or the lapse of 91 days from the date of receipt by the developer of the last legally required approvals from other governmental entities. Any extension granted pursuant to this subsection shall not preclude the power of the Planning Board to grant extensions pursuant to Subsection J(7)(a) or (7)(b).
(e)
Any application for extension of final approval shall be made in conformance with the notice requirements of N.J.S.A. 40:55D-12 and a public hearing shall be held thereon. At such public hearing the applicant shall have the burden of coming forward with reasons why the final approval shall be extended for the requested period of time or in case of an extension pursuant to Subsection J(7)(d) above, the developer's pursuit of other required approvals and the periods of time which the development was delayed by wait for other governmental approvals.
(8)
Combined preliminary and final major subdivision or major site plan approval.
(a)
An applicant may request and the Planning Board may consent to accept an application for development for combined preliminary and final major subdivision or major site plan approval, provided that:
[1]
The proposed development is not to be constructed in sections or stages.
[2]
The applicant pays the application fees and provides all submissions required for both preliminary and final applications.
[3]
Any notice of hearing requirements applicable to the preliminary plat stage are complied with.
(b)
Any approval granted by the Planning Board on such combined application shall confer upon the applicant all the rights set forth in this section for final approval.
(9)
Conditional uses. The Planning Board shall grant or deny an application for a conditional use within 95 days of submission of a complete application by a developer to the Administrative Officer 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 Article VI of this chapter. The time period for approval of conditional uses by the Planning Board shall apply to such site plan review.
(10)
Review in lieu of Board of Adjustment. Whenever an application for approval of a subdivision plat, site plan or conditional use includes a request for relief pursuant to N.J.S.A. 40:55D-60 and § 348-3.1I(9) of this chapter, the Planning Board shall grant or deny approval of the application within 120 days after submission by a developer of a complete application to the Administrative Officer or within such further time as may be consented to by the applicant. Applications for variances and conditional uses and/or directives for issuance of a building permit shall be heard by the Board in conjunction with the hearing on a minor subdivision, minor site plan, subdivision plat or site plan. The applicant 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. Separate approval of the variance or direction of the issuance of a permit shall be conditioned upon grant of all required subsequent approvals by the Planning Board. No such subsequent approvals shall be granted unless the approval can be granted without substantial detriment to the public good and without substantial impairment of the intent and purpose of the Zoning Plan and Zoning Ordinances.
(11)
Failure to act. Failure of the Planning Board to act within the period prescribed 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 request of the applicant, and it shall be sufficient in lieu of the written endorsement or other evidence of approval, herein required, and shall be so accepted by the county recording officer for purposes of filing subdivision plats.
K.
Advisory Committee. 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 by the Board. Such person or persons shall serve at the pleasure of the Mayor.
L.
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.
M.
Simultaneous review. The Planning Board shall have the power to review and approve or deny conditional uses or site plans simultaneously with review for subdivision approval without the developer being required to make further application to the Planning Board or the Planning Board being required to hold further hearings. The longest time period for action by the Planning Board, whether it is for subdivision, conditional use or site plan approval, shall apply. Whenever approval of a conditional use is requested by the developer, notice of the hearing on the plat shall include reference to the request for such conditional use.
N.
Continuance of hearing. When any hearing before the Planning Board shall carry over one or more meetings, a member of the Board who was absent for one or more of the meetings shall be eligible to vote on the matter upon which the hearing was conducted, notwithstanding his absence from one or more of the meetings; provided, however, that such Board member has available to him a transcript or recording of the meeting from which he was absent and certifies in writing to the Board that he has read such transcript or listened to such recording.
[Amended 3-11-1980 by Ord. No. 1909]
O.
Pursuant to N.J.S.A. 40:55D-23.1, P.L. 1979, c. 216, there are hereby created the positions of two alternate members of the Planning Board, who shall be appointed by the appointing authority for Class IV members and shall meet the qualifications of Class IV members. The alternate members shall serve for terms of two years from the date of appointment; provided, however, that in the event that two alternate members are appointed initially, their initial terms shall be one and two years, respectively. Such alternate members shall be designated by the Mayor as "Alternate No. 1" and "Alternate No. 2." A vacancy occurring otherwise than by expiration of term shall be filled by the appointing authority for the unexpired term only. The 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.
[Added 2-11-1980 by Ord. No. 1905; amended 3-11-1980 by Ord. No. 1909]