There is hereby established pursuant to N.J.S.A.
40:55D-23 in the Borough of Highland Park a Planning Board of nine
members, consisting of the following four classes:
A.
Class I: the Mayor.
B.
Class II: one of the officials of the municipality,
other than a member of the governing body, 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 is both a member of
the Zoning Board of Adjustment or Historic Preservation Commission
and a member of the Board of Education among the Class IV members
or alternate members.
C.
Class III: a member of the governing body, to be appointed
by it.
D.
Class IV: six other citizens of the municipality,
to be appointed by the Mayor. The members of Class IV shall hold no
other municipal office, position or employment, except that one member
may be a member of the Zoning Board of Adjustment or Historic Preservation
Commission 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. 40:56A-1 shall be a Class IV Planning
Board member unless there be among the Class IV members of the Planning
Board or alternate members both a member of the Zoning Board of Adjustment
or a member of the Historic Preservation Commission 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. For the purpose of this section, membership on a municipal
board or commission whose function is advisory in nature, and the
establishment of which is discretionary and not required by statute,
shall not be considered the holding of municipal office.
[Amended by Ord. No. 1231]
A.
The term of the member composing Class I shall correspond
with his official tenure.
B.
The term 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 comes first, except for a Class
II member who is also a member of the Environmental Commission.
C.
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.
D.
The term of a Class IV member who is also a member
of the Board of Adjustment, Historic Preservation Commission 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
comes first.
E.
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 governing body; 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.
F.
All terms shall run from January 1 of the year in which the appointment
is made, except as otherwise specified herein. In transitioning from
terms of Class IV members running from September 1 of the year in
which the appointment is made to January 1 of the year in which the
appointment is made, this Code amendment shall not be construed to
effect any standing member of the Borough of Highland Park Planning
Board. If a current Class IV member of Borough of Highland Park Planning
Board's term shall expire on September 1, 2020, said Class IV member
may be appointed for an interim term from September 1, 2020, to December
31, 2020. Thereafter, said member may be considered for a new term
commencing January 1, 2021.
[Amended 2-18-2020 by Ord. No. 20-1998]
G.
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.
H.
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.
A.
There shall be two alternate members of the Planning
Board who shall be appointed by the appointing authority and shall
meet the qualifications of Class IV members of the Planning Board.
Said alternates shall be designated at the time of their appointment
as "Alternate No. 1" and "Alternate No. 2." The terms of the alternate
members shall be for two 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 one year; provided, however, that in no
instance shall the terms of the alternate members first appointed
exceed two years. A vacancy occurring otherwise than by expiration
of term shall be filled by the approving authority for the unexpired
term only.
B.
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.
[Added by Ord. No. 1304]
If the Planning Board lacks a quorum because
any of its regular or alternate members is prohibited from acting
on a matter due to the member's personal or financial interests therein,
regular members of the Board of Adjustment shall be called upon to
serve, for that matter only, as temporary members of the Planning
Board in order of seniority of continuous service to the Board of
Adjustment until there are the minimum number of members necessary
to constitute a quorum to act upon the matter without any personal
or financial interest therein, whether direct or indirect. If a choice
has to be made between regular members of equal seniority, the Chairman
of the Board of Adjustment shall make the choice.
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.
The Planning Board shall elect a Chairman and
Vice Chairman from the members of Class IV, select a Secretary, who
may be a member of the Planning Board or a municipal employee, and
create and fill such other offices as established by ordinance.
There is hereby created the position of Planning
Board Attorney. The Planning Board shall annually appoint and fix
the compensation of the Planning Board Attorney for all legal services,
including but not limited to regular and special meetings of the Board,
litigation, and such other legal services as may be deemed necessary
by the Board. The Board Attorney shall be an attorney other than the
Municipal Attorney. The Board shall not, however, exceed, exclusive
of gifts or grants, the amount appropriated by the governing body
for its use.
The Planning Board may also employ or contract
for the services of a planning consultant and his staff and other
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 Planning Board is authorized to adopt bylaws
governing its procedural operation. It shall also have the following
powers and duties:
A.
To make and adopt and from time to time amend a Master
Plan for the physical development of the municipality, including in
its consideration 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-1 et seq.
B.
To administer the provisions of this land development
chapter of the municipality in accordance with the provisions of said
ordinances and with N.J.S.A. 40:55D-1 et seq.
C.
To participate in the preparation and review of programs
or plans required by state or federal law or regulations.
D.
To assemble data on a continuing basis as part of
a continuing planning process.
E.
To annually prepare a program of municipal capital
improvements and projects projected over a term of six years and amendments
thereto and recommend same to the governing body.
F.
To consider and make report to the governing body
within 35 days after referral as to any proposed development regulations
submitted to it pursuant to the provisions of N.J.S.A. 40:55D-26b.
G.
The Planning Board, when reviewing applications for
approval of subdivision plans, site plans or conditional uses, shall
have the power, to the same extent and subject to the same restrictions
as the Board of Adjustment, provided no variance under N.J.S.A. 40:55D-70d
is required, to:
(1)
Grant variances, pursuant to Subsection 57C of Chapter
291 of the Laws of New Jersey, 1975 (N.J.S.A. 40:55D-70C), from lot
area, lot dimension, setback and yard requirements, etc.
(2)
Give direction, pursuant to Section 25 (N.J.S.A. 40:55D-34),
for issuance of a permit for a building or structure in the bed of
a mapped street or public drainageway, flood control basin or public
area reserved pursuant to Section 23 (N.J.S.A. 40:55D-32).
(3)
Give direction, pursuant to Section 27 (N.J.S.A. 40:55D-36),
for issuance of a permit for a building or structure not related to
a street.
(4)
Whenever relief is requested pursuant to this subsection,
notice of a hearing on the application for development shall include
references to the request for a variance or direction for issuance
of a permit, as the case may be.
H.
Advisory duties. The Planning Board shall 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 governing
body or other municipal agencies or offices.
[Amended 9-5-2017 by Ord.
No. 17-1948]
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
and Safe Walking and Cycling Committee an informational copy of every
application for development to the Planning Board for review and comment.
Failure of the Planning Board to make such an informational copy available
to the Environmental Commission and the Safe Walking and Cycling Committee
shall not invalidate any hearing or proceeding.
A.
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 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 (N.J.S.A.
46:23-9.9 et seq.) 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.
B.
Preliminary approval of major subdivisions and major
site plans. Upon submission of a complete application for a subdivision
of 10 or fewer lots or a major site plan involving 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 submission of a complete application for a subdivision of more
than 10 lots or a major site plan involving 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 for either size subdivision or site plan.
C.
Ancillary powers. Whenever the Planning Board is called upon to exercise its ancillary powers before the granting of a variance as set forth in § 230-30G, 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 described 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 the request of the applicant.
D.
Final approval. Application for final subdivision
approval or site plan approval shall be granted or denied within 45
days of submission 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 final approval.
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 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.
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.A. 2A:67A-1 et seq.) shall apply.
[Amended by Ord. No. 1569]
A.
There is hereby established a Technical Advisory Committee
which may review new applications for development or informal reviews
referred to it by the Planning Board or Zoning Board of Adjustment.
The Committee shall consist of the Borough Engineer, the Borough Planner/Planning
Consultant, the Zoning Officer, the Planning Board Secretary and the
Borough Administrator. The Committee may also consist of the Fire
Inspector, a representative of the Police Department designated by
the Chief of Police, Chairman of the Economic Development and Planning
Committee of the governing body, a member of the Historic Commission,
the Environmental Commission, the Commission on the Disabled, the
Borough Planning Board Attorney or his or her representative, and
other subcode officials or other employees or officials designated
by the permanent Technical Advisory Committee members.
B.
The Technical Advisory Committee shall have the following
duties and responsibilities:
(1)
Acquaint the applicant with the substantive and procedural
requirements of the Subdivision and Site Plan Chapter.
(2)
Provide for an exchange of information regarding the
proposed development plan and applicable elements of the Master Plan,
Zoning Ordinance and other development requirements.
(3)
Advise the applicant of any public sources of information
that may aid the application.
(4)
Otherwise identify policies and regulations that create
opportunities or pose significant constraints for the proposed development.
(5)
Review any proposed concept plans and consider opportunities
to increase development benefits and mitigate undesirable project
consequences.
(6)
Provide input into the general design of the project.
C.
The Committee shall advise the applicable Board of
its findings and recommendations prior to the meeting at which the
application is to be considered.[1]
[1]
Editor's Note: Original § 17-6.13,
Design Review Committee, as amended by Ord. Nos. 1292 and 1441, was
repealed by Ord. No. 1509. Original § 17-6.14, Technical
Advisory Committee Liaison, as amended by Ord. No. 1292, was repealed
by Ordinance No. 1509.
