[HISTORY: Adopted by the Borough of Hasbrouck
Heights as indicated in article histories. Amendments noted where
applicable.]
[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:
A.
Class I: the Mayor of the Borough of Hasbrouck Heights.
B.
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.
C.
Class III: a member of the Borough Council to be appointed
by the Borough Council.
D.
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]
A.
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.
B.
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.
C.
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.
D.
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]
B.
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,[1] for its report, provided that such reference shall not
extend the period of time within which the Zoning Board of Adjustment
shall act.
[1]
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,[1] 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.
[1]
Editor's Note: See N.J.S.A. 40:55D-28b(4)
and (5).
A.
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.)[1]
[1]
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.
B.
Commencing with the filing of and in respect to any application or other matter over which the Board of Adjustment does not retain jurisdiction under § 72-1A of Chapter 72 of this Code, the Planning Board shall hereafter exercise pursuant to N.J.S.A. 40:55D-25c(1) all of the powers of the Board of Adjustment to the same extent and subject to the same restrictions as provided by law and ordinance governing the latter. However, in no event shall either the Class I member (the Mayor) nor the Class ID member (a member of the Borough Council or his or her alternate) participate in any way in the consideration of any application for development which seeks in whole or in part a variance to allow departure from regulations 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 pertaining solely to a conditional use; 4) an increase in the permitted floor area ratio as defined in N.J.S.A. 40:55 D-4; 5) an increase in the permitted density as defined in N.J.S.A. 40:55 D-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 either an isolated undersized lot or lots resulting from a minor subdivision; or 6) a height of a principal structure which exceeds by 10 feet or 10% the maximum height permitted in a district for a principal structure as provided in N.J.S.A. 40:55-70D, all six of which type applications being those seeking so-called "d variances."
[Added 1-26-2021 by Ord. No. 2476]
[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.
A.
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[1] 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.
B.
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,[1] 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.
