[HISTORY: Adopted by the Borough of Hasbrouck Heights as indicated in article histories. Amendments noted where applicable.]
Article I Creation and Organization
Article II Powers and Duties
[Adopted 12-12-1978 by Ord. No. 1130]
[Amended 4-22-1980 by Ord. No. 1161]
Pursuant to the terms of N.J.S.A. 40:55D-23, a Planning Board, in and for the Borough of Hasbrouck Heights, to consist of nine members, be and is hereby created.
[Amended 4-22-1980 by Ord. No. 1161]
The members constituting said Planning Board shall consist of the four following classes:
Class I: the Mayor of the Borough of Hasbrouck Heights.
Class II: one of the officials of the Borough of Hasbrouck Heights, other than a member of the governing body, to be appointed by the Mayor.
Class III: a member of the Borough Council to be appointed by the Borough Council.
Class IV: six citizens of the Borough of Hasbrouck Heights to be appointed by the Mayor. The members of Class IV shall hold no other municipal office, position or employment, except one such member may be a member of the Zoning Board of Adjustment and another member may be a member of the Board of Education.
[Amended 5-29-1990 by Ord. No. 1538]
[Amended 4-22-1980 by Ord. No. 1161]
The term of the Mayor as a member of the Planning Board shall correspond to his official tenure. The terms of the members composing Class II and Class III shall be for one year or shall 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, whose term shall be for three years or shall terminate at the completion of his term of office as a member of the Environmental Commission, whichever occurs first. The term of a Class IV member who is also a member of the 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 under this article shall be so determined that, to the greatest practicable extent, the expiration of such terms shall be distributed evenly over the first four years after their appointment, provided that the initial Class IV term of no member shall exceed four years. Thereafter, the Class IV term of each such member shall be four years.
If a vacancy in any class shall occur otherwise than by expiration of the Planning Board term, it shall be filled by appointment, as above provided, for the unexpired term.
No member of the Planning Board shall be permitted to act on any matter in which he has, either directly or indirectly, any personal or financial interest.
Any member other than the Mayor, a Class I member, after public hearing if he requests one, may be removed by the governing body for cause.
[Added 4-22-1980 by Ord. No. 1161]
Alternate members of Classes II and III shall be appointed for terms to expire at the same time as the terms of regular members of their respective classes. Alternate members of Class IV shall serve for terms of two years; provided, however, that in the event that two alternate members of Class IV are appointed, the initial terms of such members shall be one and two years, respectively. Such alternate members shall be designated by the Chairman of the Board as "Alternate No. 1" and "Alternate No. 2" and shall serve in rotation during the absence or disqualification of any regular member or members of Class IV. Alternate members of each class shall be appointed by the same appointing authority as regular members of that class.
The Planning Board shall elect a Chairman and Vice Chairman from the members of Class IV, select a Secretary who may or may not be a member of the Planning Board or a municipal employee and create and fill such other offices as may be established for such Planning Board by ordinance of the Borough.
When any hearing before the Planning Board shall carry over two 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.
Whenever the Planning Board shall have adopted any portion of the Master Plan, the Mayor and Council or other public agency having jurisdiction over the subject matter, before taking action necessitating the expenditure of any public funds incidental to the location, character or extent of such project, shall refer the action involving such specific project to the Planning Board for review and recommendation in conjunction with such Master Plan and shall not act thereon without such recommendation or until 45 days have elapsed after such reference without receiving such recommendation. This requirement shall apply to action by a housing, parking, highway, special district or other authority, redevelopment agency, school board or other similar public agency, state, county or municipal.
Whenever review or approval of the application by the County Planning Board is required by Section 5 of P.L. 1968, c. 285 (N.J.S.A. 40:27-6.3), in the case of a subdivision, or Section 8 of P.L. 1968, c. 285 (N.J.S.A. 40:27-6.6), in the case of a site plan, the Municipal Board of Adjustment shall condition any approval that it grants upon timely receipt of a favorable report on the application by the County Planning Board or approval by the County Planning Board by its failure to report thereon within the required time. An application under this section may be referred to any appropriate person or agency, including the Planning Board, pursuant to Section 17 of this act, for its report, provided that such reference shall not extend the period of time within which the Zoning Board of Adjustment shall act.
Editor's Note: Refers to Section 17 of the Municipal Land Use Law. See N.J.S.A. 40:55D-26.
The Mayor and Council may, by ordinance, adopt regulations requiring a developer, as a condition for approval of a subdivision or site plan, to pay his pro rata share of the cost of providing only reasonable and necessary street improvements and water, sewerage and drainage facilities and easements therefor, located outside the property limits of the subdivision or development but necessitated or required by construction or improvements within such subdivision or development Such regulations shall be based on circulation and comprehensive utility service plans pursuant to Subsections 19b(4) and 19b(5) of the Municipal Land Use Law, respectively, and shall establish fair and reasonable standards to determine the proportionate or pro rata amount of the cost of such facilities that shall be borne by each developer or owner within a related and common area, which standards shall not be altered subsequent to preliminary approval. Where a developer pays the amount determined as his pro rata share under protest, he shall institute legal action within one year of such payment in order to preserve the right to a judicial determination as to the fairness and reasonableness of such amount.
Editor's Note: See N.J.S.A. 40:55D-28b(4) and (5).
In addition to the foregoing provisions, said Planning Board shall possess such further power and perform such other duties as may be provided by P.L. 1975, c. 291. (See N.J.S.A. 40:55D-1 et seq.)
Editor's Note: Former Subsection B, added 2-13-2001 by Ord. No. 1917, pertaining to various powers of the Planning Board, which followed this subsection, was repealed 8-9-2005 by Ord. No. 2100.
[Adopted 1-23-1979 by Ord. No. 1136]
Pursuant to the terms of N.J.S.A. 40:55D-28, the Planning Board appointed under the terms of Article I of this chapter shall prepare and, after public hearing, adopt and/or, from time to time, amend a Master Plan or component parts thereof to guide the use of lands within the Borough in a manner which protects public health and safety and promotes the general welfare.
Said Master Plan shall generally comprise a report or statement of existing land use and development proposals with such test as said Planning Board may determine appropriate after due consideration of the several specific requirements of N.J.S.A. 40:55D-28 and the existing conditions in the Borough and the objectives, principles, policies and standards which said Planning Board determines might or should be met and accomplished within the Borough. Such proposed Master Plan shall be accompanied by such sufficient maps, subplan maps, diagrams and other information to enable the Mayor and Council of the Borough, by ordinance, to adopt an Official Master Plan Map, either in whole or in part, in accordance with N.J.S.A. 40:55D-32.
Preparatory to action on said proposed Master Plan and Official Map, the Planning Board shall give public notice of a hearing in respect to said proposed action as provided in N.J.S.A. 40:55D-13, 40:55D-14 and 40:55D-15. Said hearing shall be conducted according to the provisions of N.J.S.A. 40:55D-10.
Prior to the actual adoption of the Official Map Ordinance or other municipal regulation of the use and development of land under this article, the Planning Board shall make and transmit to the governing body a full and complete report, including recommendations concerning the proposed Official Map Ordinance or other municipal regulation. The Mayor and Council, when considering the adoption of said Official Map Ordinance or other municipal regulation, shall review the report of the Planning Board and may disapprove or change any recommendation by a vote of a majority of its full authorized membership and shall record in its minutes the reasons for not following such recommendations. Failure of the Planning Board to transmit its report within the time limit prescribed by N.J.S.A. 40:55D-26a shall relieve the governing body from the requirements of N.J.S.A. 40:55D-26a in regard to the proposed Official Map Ordinance or other municipal regulation.
Pursuant to the provisions of N.J.S.A. 40:55D-62, after the Planning Board has adopted a land use plan element of a Master Plan, the Mayor and Council may adopt or amend a Zoning Ordinance relating to the nature and extent of the use of land and buildings and structures thereon. All of the provisions of such Zoning Ordinance or amendment or revision thereto shall either be substantially consistent with the land use plan element of the Master Plan or designed to effectuate such plan element. By N.J.S.A. 40:55D-4, such Zoning Ordinance is a development regulation which is subject to the provisions of § 51-14 of this article as to a Planning Board report and recommendations, including action by the Mayor and Council disapproving or changing such recommendations as such provisions of said N.J.S.A. 40:55D-26a may be affected or modified by the proviso in N.J.S.A. 40:55D-62a and 40:55D-64. Such Zoning Ordinance shall comply in all respects with any and all of the mandatory provisions of Article 8 of N.J.S.A. 40:55D.
On the application of any applicant to the Board of Adjustment or on the Board of Adjustment's own initiative, said Board may refer to the Planning Board for its action or determination any matter pending and undetermined before said Board of Adjustment.
Prior to the mandatory, statutory hearing on the adoption of any ordinance providing for Planning Board approval of either subdivision or site plans, or both, or any amendment thereto, the Mayor and Council shall refer any such proposed ordinance or amendment thereto to the Planning Board for recommendation or other action pursuant to N.J.S.A. 40:55D-26a. Unless and until the final adoption of a Subdivision and Site Plan Ordinance, the Board of Adjustment of the municipality shall have the power to grant subdivision and site plan approval under the same rules and restrictions as if such application was for a zoning exception.
[Added 2-13-2001 by Ord. No. 1917]
At least annually at its first meeting of the year or as soon thereafter as possible, the Planning Board shall adopt and thereafter, as it deems necessary, amend and supplement rules and regulations governing its organization, administration, procedures and other matters deemed necessary for its effective and efficient operation not inconsistent with law or ordinance. In the absence of such rules and regulations, then the Planning Board shall be governed by the Planning Board Model Rules of the current edition of New Jersey Zoning and Land Use Administration. The Planning Board shall furthermore recommend to the governing body an "application checklist" and thereafter recommend any amendment and supplements thereto as it deems necessary and appropriate for adoption by ordinance as required by N.J.S.A. 40:55D-10.3. In the absence thereof, there is hereby adopted the Model Check List for Submissions of the 2000 Edition of New Jersey Zoning and Land Use Administration. Such rules and regulations shall include a schedule of fees and estimates of escrows to abide costs and such checklist shall condition completeness of any application upon the payment of the applicable fees and escrows deposits. The schedule of estimated escrows shall be subject to the approval of the Chief Financial Officer of the Borough and shall be collected, held, and disbursed in accordance with law, ordinance and any regulation that the said Chief Financial Officer may establish.