A. Definitions. For the purpose of this Chapter, the following terms shall have the meanings indicated:
RESIDENTIAL DEVELOPMENTS - Except for construction permits for individual lots and subdivisions of four (4) lots or fewer, any subdivision and site development plan designed for single-family condominiums, townhouses, manufactured housing, including mobile home parks, attached and semi-attached units and garden apartments in any mixed-use development and in projects designed entirely for residential purposes. Any residential development as defined herein shall be subject to the requirements of this chapter.
B. Dedication or cash contribution required.
The developer of a residential development, as defined herein, shall be required to dedicate and improve parkland or to make a cash contribution toward acquisition and development of recreation facilities located off-site. Any lands proposed to be dedicated shall be subject to acceptance by the Township Council as to location, size and improvements. However, at a minimum, seventy-five (75%) percent of the acreage to be dedicated shall be developed for active recreation purposes. If the required dedication acreage is calculated to be less than ten (10) acres in size, the Township shall have the option of requiring a cash contribution in lieu of all or part of the required dedication. This option shall be exercised solely at the discretion of the Township Council when the acreage is less than ten (10) acres.
C. Dedications of more than ten (10) acres.
If the required dedication acreage is calculated to be ten (10) acres or more, fifty (50%) percent of the calculated acreage must be improved and dedicated to the Township. The Township Council shall have the option of substituting a cash contribution in lieu of up to fifty (50%) percent of the calculated acreage. The acreage required to be improved and dedicated shall be in parcels which are a minimum of five (5) acres in size.
D. Population multipliers.
The following population multipliers shall be applied to the formula by residential unit type, as follows: A. Single-family and duplex units: three and two-tenths (3.2) persons per household. B. All other residential units: two and two-tenths (2.2) persons per household.
E. Acreage requirements.
The acreage dedication and the improvement contribution equivalent shall be calculated by utilizing the National Recreation and Park Association standard of eight (8) acres of developed parkland per one thousand (1,000) population. This standard results in a requirement of eight-
thousandths (.008) acres per person. The acreage to be dedicated shall be determined by multiplying the number of units in the development by the per person household multipliers contained herein and by multiplying the resulting project population by the eight-thousandths (.008) per person acreage standard.
F. Options in lieu of dedication.
If a developer proposes to make a cash contribution, in whole or in part, in lieu of dedicating improved parklands and said proposal is accepted by the Township Council, the contribution shall be calculated by multiplying the acreage for which a contribution is to be substituted times a cost of forty thousand ($40,000.00) dollars per acre.
G. Contribution and dedication requirements.
All residential developments which do not indicate a parkland dedication on the final site plan or final subdivision map shall be required to make the required cash contribution prior to receiving construction permits for in excess of fifty percent (50%) of the total residential units within the development. If a developer is required to dedicate and improve parkland, the Township shall only accept said parkland upon satisfactory completion of all improvements after inspection and approval thereof.
H. Applicability.
All residential developments which have not received site plan or final subdivision approval prior to the effective date of this chapter shall be subject to the requirements of this chapter.
**Webmaster's Note: The previous section has been added as per Ord. No. 2097. According to the original ordinance, there is no subsection 33.01 or 33.02.
A. ESTABLISHMENT
There is hereby established pursuant to C. 40:55D-1 et seq. in Franklin Township a Planning Board of 9 members consisting 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 Township Council to be appointed by the Mayor; provided that if there is a member of the environmental commission who is also a member of the Planning Board as required by C.40:56A-1 shall be deemed to be the Class II Planning Board member if there is both a member of the zoning board of adjustment and a member of the board of education among the Class IV members.
(3) Class III - A member of the Township Council to be appointed by it.
(4) 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 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 C. 40:56A-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 the Class II member of the Planning Board.
(5) In accordance with C. 40:55D-23-1, there is hereby created two alternate memberships to the Franklin Township Planning Board. Alternate members shall be appointed by the Township Council for Class IV members and shall meet the qualifications for Class IV members of the nine-member planning board. 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 2 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 1 year; provided however, that in no instance shall the terms of the alternate members first appointed exceed 2 years. A vacancy occurring otherwise than by expiration of term shall be filled by the appointing authority for the unexpired term only. No alternate member shall be permitted to act on any matter in which he has either directly or indirectly any personal or financial interest. An alternate member may, after public hearing if he requests one, be removed by the governing body for cause. Alternate members may participate in discussions of the proceedings but may not vote except in the absence or disqualification of a regular member 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.
(2) 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 environ-mental commission, whichever comes first.
(2) The term of a Class IV member who is also a member of the Board of Adjustment or the Board of Education shall terminate whenever he is no longer a member of such other body or at the completion of his Class IV term, whichever occurs first.
(3) The terms of all Class IV members first appointed pursuant to this ordinance 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 appointment as determined by resolution of the Township Council, provided however, that no term of any member shall exceed four years and further provided that nothing herein shall affect the term of any present member of the Planning Board, all of whom shall continue in office until the completion of the term for which they were appointed. Thereafter, all Class IV members shall be appointed for terms of four years except as otherwise herein provided. All terms shall run from January 1st of the year in which the appointment was made. [Amended 3-28-95 by Ord* No. 1806]
B. 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.
C. ORGANIZATION OF BOARD
The Planning Board shall elect a chairman and vice chairman from the members of Class IV and select a secretary who may be either a member of the Planning Board or a municipal employee designated by it.
D. PLANNING BOARD ATTORNEY
There is hereby created the office of planning board attorney. The Planning Board may annually appoint, 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.
E. EXPERTS AND STAFF
The Planning Board may also employ or contract for and fix the compensation of legal counsel, other than the municipal attorney, and experts an other servicing personnel as it may does necessary not exceeding, exclusive of gifts or grants, in the amount appropriated by the Township Council for its use.
F. POWERS AND DUTIES GENERAL
The Board shall adopt such rules and regulations as may be necessary to carry into effect the pro visions and purposes of this ordinance. In the issuance of subpoenas, administration of oaths and taken of testimony, the provisions of the County and Municipal Investigations Law of 1953 (N.J.S. 2A:67A et seq.) &hall apply. It shall also 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 boar essential relation to the planning of the municipality in accordance with the provisions of C. 40:55D-28.
(2) To administer the provisions of the land subdivision ordinance and site plan review ordinance of the municipality in accordance with the provisions of said ordinances pursuant to C.40:55D-1 et seq.
(3) To approve conditional use applications in accordance with the provisions of the zoning ordinance pursuant to C. 40:55D-67.
(4) To participate in the preparation and review of programs or plans required by State or Federal Law or regulations.
(5) To assemble data on a continuing basis an part of a continuous planning process.
(6) 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.
(7) To consider and make report to the governing body within thirty-five days after referral as to any proposed development regulation submitted to it pursuant to the provisions of C.40:55d-
26(a) and also pass upon other matters specifically referred to the planning board by the governing body pursuant to the provisions of C. 40:55D-26(b).
(8) 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 C.40:55D-70C.
(b) 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.
(9) To perform such other advisory duties as are assigned to it by ordinance or resolution of the Township Council for the aid and assistance of the Township council or other agencies or officers.
G. [Deleted 6/23/92 by ordinance #1716]
H. ADVISORY COMMITTEE
The Mayor may appoint one or more persons as a citizen 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.
1. 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.
